English or Australian?

Harding v Wealands [2006] UKHL 32; TLR 6 July

The parties lived together in London, but when they were on holiday in Australia the claimant was injured in an accident while he was a passenger in a car owned and driven by the defendant, as a result of which the claimant was rendered tetraplegic. The claimant commenced proceedings in England and the defendant admitted liability. However, the defendant contended that the assessment of damages was regulated by the law of New South Wales which, by its Motor Accidents Compensation Act 1999, limited the amounts which could be recovered. The claimant contended that the assessment of damages was procedural and should therefore be governed by English law.