Regie Nationale des Usines Renault SA v Zhang

Private international law – Forum non conveniens - Tort - Allegedly negligent design and manufacture overseas of motor vehicle by foreign company registered, but not carrying on business, in Australia - Motor vehicle accident in New Caledonia - Continuing damage suffered in New South Wales - Action commenced in New South Wales Supreme Court - Supreme Court declined to exercise its jurisdiction and stayed the proceedings - Whether exercise of discretion miscarried - Relationship between Supreme Court Rules authorising orders declining jurisdiction and judicial decisions on forum non conveniens - Whether Supreme Court a clearly inappropriate forum - Relevance of circumstance that foreign law is to be applied as the lex causae - Whether discretion to grant stay of proceedings should be re-exercised.

Private international law – Choice of law - Tort - Allegedly negligent design and manufacture overseas of motor vehicle by foreign company registered, but not carrying on business, in Australia - Motor vehicle accident in New Caledonia - Continuing damage suffered in New South Wales - Whether French law would be the lex causae applied in a trial in New South Wales -Whether Australian common law should recognise the lex loci delicti as the substantive law to be applied in actions for torts committed in a foreign law area - Whether the "double actionability" rule applies - Whether a single choice of law rule should be adopted consistently in Australia in respect of both international and intranational torts - Whether "flexible exception" applies to recognition of lex causae - Whether public policy exceptions applicable to lex causae.

Practice and procedure – Pleadings - Requirements as to pleadings of applicant on a stay motion seeking to rely upon a foreign lex causae.

Practice and procedure – Action - Stay - Cause of action arising out of jurisdiction - Motor vehicle accident in New Caledonia - Action brought in New South Wales - Plaintiff alleges defective design and manufacture of the motor vehicle - Defendants not present in New South Wales - Plaintiff relies on "long arm" provision in Supreme Court Rules and damage in jurisdiction to found action - Application by defendants for stay - Applicable law - Principles - Forum non conveniens.

Words and phrases – "inconvenient forum".

Supreme Court Rules 1970 (NSW) – Pt 10.