Anthony Gray, 2008
The distinction between substance and procedure is fundamental to private international law. However, in recent years, most Commonwealth courts have made their own statements regarding this dichotomy, and there seems to be no agreement on the demarcation between substance and procedure. Based on a survey of decisions in Australia, England, Canada and South Africa, as well as an analysis of the underlying rationale for the distinction, the author argues in favour of the adoption of a narrow view of procedure in regard to the assessment of damages.
Elsabe Schoeman, 2011
The Rome II Regulation deals with choice of law in tort. The article examines the value of this Regulation vis-à-vis third (non-EU Anglo-Common law) countries, analysing the unique EU environment and the continuous movement towards uniformity and certainty. The author discusses the general choice of law regime laid down in Article 4 of the Regulation and applies it to two famous Anglo-Common law cases: Neilson v Overseas Projects Corporation of Victoria Ltd and Harding v Wealands, concluding that these cases would probably have been decided differently under Rome II. The article concludes that Rome II may indeed have comparative value for these third countries and that its importance should not be underestimated.
FM Auburn, 1970
The author analyses RR 48 and 49 of the Code of Civil Procedure (service abroad with leave), with specific reference to claims in tort and contract, against the background of the corresponding English rules. This detailed analysis of the factors relevant to the discretion to grant leave, draws extensively on relevant English case law, as well as case law from other comparable jurisdictions.
Clive Elliot, 1998
With reference to American case law, the author discusses jurisdictional issues relating to internet activity. Consideration is given to the potential implications of the application of New Zealand rules of jurisdiction within this context.
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.