LAWS3007 Lecture Notes - Lecture 6: General Agreement On Tariffs And Trade, Obiter Dictum, Ian Callinan
Document Summary
If no conflict, apply applicable law. parties (not the cause of action on which the plaintiff relies): macmillan v. Bishopsgate [1996] (priority dispute, rather than breach of trust): new issues are generally classified by existing categories. However, as the aim is to identify the most appropriate law, categories and connecting factors can be created or refined: raiffesien zentralbank v five star trading: appropriate to consider the effect of different characterisations: raiffesien zentralbank v. If law of the cause refers only to internal rules of foreign legal system there is no renvoi issue. Tort: traditionally, renvoi was not applied to multi-state tort cases. In nielson v overseas projects corporation (2005) a majority of the high court applied double renvoi to an international tort. Foods, o"driscoll v jr mcdermott (2006) (obiter). o however, proactive building. Solutions v mackenzie keck [2013], renvoi does not apply unless contrary appellate decision (better view: strong policy reasons against).
