LAWS2018 Study Guide - Final Guide: Sherman Antitrust Act, Tax Law, Court Of Equity
Document Summary
Renault v zhang; hca has adopted choice of law rules that were designed to deter forum shopping. However since then, hca has sent mixed signals: criticism. Goal of consistency may be unrealistic and in fact subversive of just results. Uniform application of state a(cid:495)s laws in a particular circumstance does not guarantee the result will be just: particular justice. 2: generally speaking, the law should not be applied in a way that takes ordinary expectations by surprise; kirby j in renault v zhang, comity. Does not explain the actual content of conflicts rules but merely indicates a (cid:498)either meaningless or misleading(cid:499) and (cid:498)a matter for sovereigns not judges(cid:499) as per gummow and hayne jj in neilson v overseas projects corp. Insurance company argued fraudulent inducement exception so as to have proceedings stayed on grounds of no jurisdiction: held: fraud was not between e and f, only against insurer, which is not sufficient for purposes of the exception.
