Private international law – Stay of proceedings - Forum non conveniens - Governing law - Law of the place of the tort - Whether place of the tort was New Zealand, where holding company of employer based, or in Malaysia and Belgium, where employee inspected factories owned by third parties and inhaled asbestos fibres - Whether material available on stay application sufficient to enable court to determine governing law - If governing law cannot be determined, how should discretion to grant stay be exercised.
Private international law – Stay of proceedings - Forum non conveniens - Whether test in Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 correct or to be re-opened.
Private international law – Stay of proceedings - Forum non conveniens - Meaning of "clearly inappropriate forum" - Whether fact that governing law is foreign law, coupled with other factors suggesting foreign forum more appropriate, sufficient to render Victorian court clearly inappropriate forum - Additional considerations where foreign law in question is law of New Zealand.
Private international law – Governing law - Importance of pleading foreign law clearly and with appropriate particulars.
Words and phrases – "clearly inappropriate forum", "forum non conveniens", "governing law", "lex causae", "lex loci delicti", "place of the tort".
Judgment date
Case number
M40/2008
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords