Allen and others v Depuy International Ltd

Conflict of laws – Foreign law. The claimant New Zealand nationals claimed damages for personal injury allegedly resulting from defective prosthetic hip implants manufactured by the defendant. The proceedings concerned the determination of the preliminary issue of whether their claims were precluded by s 317 of the New Zealand Accident Compensation Act 2001. The Queen's Bench Division held that the statutory bar in s 317(1) of the Act had substantive effect and its application was not limited to the courts of New Zealand. Further, there was no additional conduct or other requirement under New Zealand law before the statutory bar in s 317(1) of the Act applied.

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