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Articles for the keyword(s) "Natural forum"

"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1977

In this section of an overview of New Zealand Conflict of Laws, the impact of the Accident Compensation Scheme on transnational tort litigation is considered. The authors discuss the interpretation and application of the double actionability rule for tort within the context of the bar on proceedings for damages in terms of the Accident Compensation Act 1972, with specific reference to the problem of foreigners’ loss of earnings.

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"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1978

In this section of an overview of New Zealand Conflict of Laws, the impact of the Accident Compensation Scheme on transnational tort litigation is considered. The authors discuss the interpretation and application of the double actionability rule for tort within the context of the bar on proceedings for damages in terms of the Accident Compensation Act 1972, with specific reference to the problem of foreigners’ loss of earnings.

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"Forum Non Conveniens in New Zealand"

RJ Paterson, 1989

This article presents an in-depth account of the origin and development of the doctrine of forum non conveniens in England and its subsequent reception in New Zealand. The author analyses the interpretation and application of forum non conveniens in New Zealand case law with reference to service both within and out of New Zealand. Policy considerations, crucial to the exercise of the courts’ discretion in forum non conveniens matters, are discussed and evaluated in detail. The author concludes with a critical evaluation of the allocation and extent of the burden of proof in forum non conveniens cases and proposes a correction to the plaintiff-biased way in which the doctrine has been applied in New Zealand.