Accessibility Skip to Global Navigation Skip to Local Navigation Skip to Content Skip to Search Skip to Site Map

Articles for the keyword(s) "Double/total renvoi"

"Renvoi: Throwing (and Catching) the Boomerang – Neilson v Overseas Projects Corporation of Victoria Ltd"

Elsabe Schoeman, 2006

The author examines the decision in Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54 with specific reference to the application of renvoi in transnational tort litigation and the application of a (foreign) flexible exception to the lex loci delicti. In regard to both of these matters, the case presented unique problems as a result of inadequate proof of the foreign (Chinese) law concerned. The author submits that renvoi and (foreign) exceptions are not appropriate ways of dealing with a rigid forum choice of law rule for tort.

^ Top of page

“Through the looking glass: Renvoi in the New Zealand Context”

Rina See, 2012

This article provides an in depth analysis of the renvoi doctrine and its potential application in New Zealand. The author argues that the doctrine is best used where it promotes the purpose of the relevant choice of law rule. The doctrine’s possible scope and application is examined against the choice of law rules of several areas of law as they apply in New Zealand. The decision in Neilson v Overseas Projects Corporation of Victoria Ltd is then situated within the context of that broader discussion.