Akai Pty Ltd v the Peoples' Insurance Company Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1996-1223 HCA A,[1996] HCA 39 |
| Year | 1996 |
| Date | 1996 |
| Court | High Court |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
66 cases
-
International Air Transport Association v Ansett Australia Holdings Ltd
...this equality.’ 171 The cardinal principle that sustains this conclusion is quite similar to that which this Court upheld in Akai Pty Ltd v People's Insurance Co Ltd 124. That was a case where a contract of insurance with an Australian company contained a clause, inserted by the insurer (a ......
- Vision Systems Ltd Vcincom Systems of Australia
- Rataplan Pty Ltd v Commissioner of Taxation
- Hume Computers Pty Ltd v Exact International Bv
Request a trial to view additional results
3 firm's commentaries
-
Is my foreign arbitral award enforceable? The effect of COGSA on foreign law and jurisdiction clauses and enforcement in Australia
...[4] This has been the attitude of English courts. For example, the High Court of Australia in Akai Pty Ltd v People's Insurance Co Ltd (1996) 188 CLR 418 held that a provision of the Insurance Contracts Act 1984 (Cth) overrode an English choice of law clause in an insurance contract. Noneth......
-
Telecommunications, Media And Technology (TMT) Law Update ' Volume 42
...of the exclusive jurisdiction clause. Relying on the principles espoused by the High Court in Akai Pty Ltd v People's Insurance Co Ltd (1996) 188 CLR 418, the Full Court concluded that the primary judge had erred in granting a stay because, amongst other things, enforcement of the exclusive......
-
Telecommunications, Media And Technology (TMT) Law Update ' Volume 42
...of the exclusive jurisdiction clause. Relying on the principles espoused by the High Court in Akai Pty Ltd v People's Insurance Co Ltd (1996) 188 CLR 418, the Full Court concluded that the primary judge had erred in granting a stay because, amongst other things, enforcement of the exclusive......
11 books & journal articles
-
The 2017 Winterton Lecture. Sir Owen Dixon Today
...exercise of the power to make laws with respect to “marriage”. 59 Cf. Akai Pty Ltd v People’s Insurance Co Ltd (1996) 188 CLR 418, 442-3; [1996] HCA 39. 60 Howe (ed), Holmes – Pollock Letters (1946, vol ii) 137. 61 ‘The Common Law as an Ultimate Constitutional Foundation’ in Woinarski (ed),......
-
Conflicts and Choice of Law within the Australian Constitutional Context
...Interpretation Act 1987 (NSW) s 12;Interpretation of Legislation Act 1984 (Vic) s 48.26 Akai Pty Ltd v The People's Insurance Co Ltd (1996) 188 CLR 418 ('Akai'), 442–3 (Toohey,Gaudron and Gummow JJ).27 See, eg, discussion in Sykes and Pryles, above n 5, 240–6; see further below Part 2003 Co......
-
ENFORCING ENGLISH JURISDICTION CLAUSES IN BILLS OF LADING
...applied in Import Export Metro Ltd v Compania Sud Americana De Vapores SA, supra n 80. 91 Supra n 80, noted in Reynolds, supra n 80. 92 (1996) 188 CLR 418. 93 Supra n 20. 94 Supra n 80. 95 Arbitration Act 1996 (c 23) (UK), s 30. 96 Gasser, supra n 37; noted Yvonne Baatz, “Who Decides on Jur......
-
THE CONTRACTUAL BASIS OF THE ENFORCEMENT OF EXCLUSIVE AND NON-EXCLUSIVE CHOICE OF COURT AGREEMENTS
...of Lords acknowledged the indirect interference with the procedure of foreign courts in Turner v Grovit, supra n 23, at [22]—[29]. 123 (1996) 188 CLR 418. 124 People’s Insurance Co Ltd v Akai Pty Ltd [1998] 1 SLR 206. It was not argued in the case, and no separate proceedings were taken els......
Request a trial to view additional results