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Harding v Wealands

The English court, dealing with a personal injury claim in respect of a road traffic accident that occurred in New South Wales, had to apply English law to the assessment of damages as a matter of procedure to be regulated by the law of the forum under s 14 of the Private International Law (Miscellaneous Provisions) Act 1995 and was not to apply the procedural provisions of the New South Wales Motor Accident Compensation Act 1999 limiting the amount of damages recoverable.

14 July 2006

The appellant (H) appealed against the decision ([2004] EWCA Civ 1735; [2005] 1 WLR 1539) that the English court dealing with his personal injury claim against the respondent (W) over of a road traffic accident that occurred in New South Wales would have to apply New South Wales legislative provisions capping the amount of damages recoverable. H and W had met in Australia, but lived together in England. While they were on holiday in New South Wales, W lost control of the vehicle she was driving and it turned over. H, who was a passenger, was severely injured. Negligence by W was admitted in English proceedings, but W argued that the assessment of damages was governed by the New South Wales Motor Accident Compensation Act 1999, which limited the amount that could be recovered. The judge applied English law to the assessment of damages on the basis that it was a matter of procedure governed by the law of the forum under s 14 of the Private International Law (Miscellaneous Provisions) ...

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