John Pfeiffer Pty Limited v Rogerson

Private International Law – Choice of law – Tort – Negligent act committed and damage suffered in New South Wales – Action commenced in Australian Capital Territory – Whether double actionability rule is a choice of law rule – Whether double actionability rule applies to proceedings in federal jurisdiction – Whether a single choice of law rule should be adopted consistently in both federal and non-federal jurisdiction in all courts in Australia – Whether the lex fori or lex loci delicti is applicable – The lex loci delicti governs torts committed in Australia which have an interstate element.

Private International Law – Substance and procedure – Distinction – Matters of substance bear upon existence or enforceability of remedies rights and obligations – Limitations on type and quantum of damages are substantive not procedural.

Limitation of Actions – Limitation provisions barring either right or remedy are substantive not procedural.

Constitutional Law (Cth) – Full faith and credit – Effect of s 118 of the Constitution upon common law choice of law rules – Whether a single choice of law rule should be adopted consistently in both federal and non-federal jurisdiction in all courts in Australia – Effect of Ch III of the Constitution upon common law.

Tort – Damages – Whether Pt 5 of the Workers Compensation Act 1987 (NSW) limits the amount of economic and non-economic loss recoverable.

Words and phrases – "choice of law" – "lex loci delicti" – "lex fori" – "double actionability rule" – "full faith and credit" – "substance and procedure" – "federal diversity jurisdiction".

Constitution – Ch III, s 118.

Judiciary Act 1903 (Cth) – ss 79, 80.

Workers Compensation Act 1987 (NSW) – Pt 5.