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Articles for the keyword(s) "Substance-procedure distinction"

"Recognition and Priority of Foreign Ship Mortgages"

Paul Myburgh, 1992

In The Ship “Betty Ott” v General Bills Ltd (The Betty Ott) [1992] 1 NZLR 655 the Court of Appeal held that a foreign-registered ship mortgage did not enjoy priority over an earlier equitable charge. In a critical analysis of this decision, the author points out that the Court’s approach to choice of law was based on the discredited doctrine of comity and reciprocity. Furthermore, the decision holds serious implications in regard to the security afforded by registered ship mortgages.

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"New Zealand's Choice of Law Rules Relating to Tort"

Maria Hook, 2018

This article examines the changes brought about by the Private International Law (Choice of Law in Tort) Act 2017 and identifies areas for future development.