Regie Nationale des Usines Renault SA v Zhang [2002] HCA 10

HIGH COURT OF AUSTRALIA

GLEESON CJ, GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

REGIE NATIONALE des USINES APPELLANTS RENAULT SA & ANOR

AND

FUZU ZHANG RESPONDENT

Regie Nationale des Usines Renault SA v Zhang [2002] HCA 10 14 March 2002 S9/2001

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation:

B W Walker SC with A S Bell and R D Glasson for the appellants (instructed by Connery & Partners)

R F Margo SC with S E Pritchard for the respondent (instructed by T D Kelly & Co)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

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.