Regie Nationale des Usines Renault v Zhang (2002) 187 ALR 1
- casetreasury
- Aug 12, 2024
- 1 min read
Facts: The plaintiff (Pl) (Zhang), an Australian, travelled to New Caledonia (French territory) to lodge an application with the Australian consulate for permanent residency. While there, he hired a car designed and manufactured by the defendants (D) (Renault) whose principal place of business was in France. While driving, there was an accident where the roof of the car was crushed and Pl suffered personal injury. He alleged that his injuries were caused by the negligent design and manufacture of D’s vehicle. After receiving treatment in New Caledonia, the Pl returned to NSW for further medical treatment and rehab. Pl commenced proceedings in tort in the NSWSC.
Held: The substantive law to be applied was the lex loci delicti for a tort committed outside of Australia, and not the double actionability rule in Phillips v Eyre.Â