AKAI PTY LTD. v. THE PEOPLES INSURANCE CO. LTD.

[1996] LRLR 86

AUSTRALIA COURT OF APPEAL

MEAGHER J.A.:

Conflict of laws - Proper law - Exclusive jurisdiction clause - Insurance contract applicable to Australian insured in respect of events wholly occurring in Australia - Policy of insurance to be governed by English law and disputes determined by English Courts - Whether clause void or inapplicable - Whether Australian action should be stayed - Insurance Contracts Act, 1984 ss. 8, 52. Insurance (Comprehensive Credit) - Indemnity - Exclusive jurisdiction clause - Insurance contract applicable to Australian insured in respect of events wholly occurring in Australia - Policy to be governed by English law and disputes determined by English Courts - Whether clause void or inapplicable - Whether Australian action should be stayed - Insurance Contracts Act, 1984, ss. 8, 52.