Abstract:
Few people would question the result in Neilson v Overseas Projects Corporation of Victoria Ltd:I In very general terms, an Australian court applied Australian law in a tort claim between two Australian parties. This seems eminently just and reasonable. However, the tort was not connnitted in Australia and the Australian conflict rule for tort refers to the exclusive application of the lex loci delicti commissi (lex loci delicti)? So, why was Australian law (to be more specific, Western Australian law) applied?
