John Pfeiffer Pty Limited v Rogerson [2000] HCA 36

John Pfeiffer Pty Limited v Rogerson [2000] HCA 36

The High Court held that in torts committed within Australia that have an interstate element, the substantive law to be applied is that of the place where the tort occurred (lex loci delicti). The double actionability rule should be discarded for such torts. Provisions of the New South Wales Workers Compensation Act 1987 (NSW) governing the assessment and limitation of damages are substantive and must be applied by the court of the forum. As a result, the earlier decisions, which applied the law of the forum, were set aside, and the matter remitted to be determined in accordance with the substantive law of New South Wales.

Parties
Applicant: John Pfeiffer Pty Limited; Respondent: David Rogerson; Intervener: Attorney-General of the Commonwealth; Intervener: Attorney-General of the State of Tasmania; Intervener: Attorney-General for the Northern Territory; Intervener: Attorney-General for the State of Victoria; Intervener: Attorney-General for the State of Western Australia; Intervener: Attorney-General for the State of South Australia; Intervener: Attorney-General for the State of New South Wales; Intervener: Attorney-General for the Australian Capital Territory
Jurisdiction
Australia
Judgment Date
21 June 2000
Procedural Posture
Civil Appeal / High Court Special Leave to Appeal and Final Determination
Outcome
Special leave to appeal granted; appeal allowed; previous orders set aside; case remitted for further hearing in accordance with the High Court's reasons.
Legal Topics
Choice of Law, Tort Liability, Substantive Law Vs Procedural Law, Full Faith and Credit, Damages, Workers Compensation, Limitation of Actions
Private International Law Torts Constitutional Law Choice of Law Tort Liability Substantive Law Vs Procedural Law Full Faith and Credit Damages +2 more

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Parties

John Pfeiffer Pty Limited

Applicant

David Rogerson

Respondent

Attorney-General of the Commonwealth

Intervener

Attorney-General of the State of Tasmania

Intervener

Attorney-General for the Northern Territory

Intervener

Attorney-General for the State of Victoria

Intervener

Attorney-General for the State of Western Australia

Intervener

Attorney-General for the State of South Australia

Intervener

Attorney-General for the State of New South Wales

Intervener

Attorney-General for the Australian Capital Territory

Intervener

Procedural Posture

Civil Appeal / High Court Special Leave to Appeal and Final Determination

Legal Issues

  1. 1 What is the appropriate choice of law rule for torts with an interstate element within Australia?
  2. 2 Should the double actionability rule apply to such cases?
  3. 3 Are limits on damages in the New South Wales Workers Compensation Act 1987 (NSW) substantive or procedural for choice of law purposes?

Ratio Decidendi

The High Court held that in torts committed within Australia that have an interstate element, the substantive law to be applied is that of the place where the tort occurred (lex loci delicti). The double actionability rule should be discarded for such torts. Provisions of the New South Wales Workers Compensation Act 1987 (NSW) governing the assessment and limitation of damages are substantive and must be applied by the court of the forum. As a result, the earlier decisions, which applied the law of the forum, were set aside, and the matter remitted to be determined in accordance with the substantive law of New South Wales.

Court Disposition

Special leave to appeal granted; appeal allowed; previous orders set aside; case remitted for further hearing in accordance with the High Court's reasons.

Orders

  • Orders of the Full Court of the Federal Court of Australia dated 8 July 1998 set aside.
  • In lieu, the appeal to that Court is allowed and the orders of the Full Court of the Supreme Court of the Australian Capital Territory dated 3 December 1997 are set aside.