Jack Wass, 2014
This case note argues that the Court of Appeal decision in Bridgecorp Ltd v Certain Lloyd’s Underwriters was wrong. The Court of Appeal applied the binding Supreme Court decision of Ludgater Holdings Ltd v Gerling Australia Insurance and held that s 9 of the Law Reform Act does not have extraterritorial effect and is therefore not available in relation to a debt that is situate overseas. The author specifically criticises the Court’s reliance on the debtor’s country of residence as the exclusive determining factor of where the debt was situate. The author argues that other factors, such as where the debt is to be paid, allow for implementation of s 9 of the Law Reform Act that is more in keeping with the purpose and rationale of the provision.