The identification of New Zealand law as the lex causae is not sufficient to establish that an Australian court is a clearly inappropriate forum, particularly in manufacturer/supplier personal injury cases where the duty of care principles are well-established and the legal systems are essentially similar. The Trans-Tasman Proceedings Act 2010 (Cth) is a relevant consideration in the clearly inappropriate forum analysis. A party seeking a stay on forum non conveniens grounds must identify specific novelty or controversy in the applicable foreign law, not merely assert general uncertainty.
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