Bonython v Commonwealth of Australia
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1951 |
| Date | 1951 |
| Year | 1951 |
| Court | Privy Council |
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90 cases
- Alan (W. J.) & Company Ltd v El Nasr Export and Import Company
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Rossano v Manufacturers' Life Insurance Company
... ... Held , (1) that applying the test as laid down by Lord Simonds in Bonython v. Commonwealth of Australia [ 1951 ] A.C. 201 , 219; 66 T.L.R. (Pt. 2) 969 , P.C., and ... ...
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Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
...which the contract was made or that with which the transaction has its closest and most real connexion" (per Lord Simonds in Bonython v. Commonwealth of Australia [1951] A.C.201 at page 219) and "with what country has the transaction the closest and most real connection" (per Lord Denning ......
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Coast Lines Ltd v Hudig & Veder Chartering N.v (Brandaris, Grangefield)
...Edition, at pages 199) 200 and 202). It was first adopted by Lord Simonds in delivering the judgment of the Privy Council in Bonython v. Commonwealth of Australia (1951) A. C. 201, at page 219. A decade later it was accepted explicitly for purposes of English private international law by th......
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1 firm's commentaries
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What's The 'Connection'? Ontario Court Of Appeal Confirms Continuing Divide Between Jurisdiction And Choice Of Law
...Co. of Canada v. Segundo Casteleiro Y Colmenares, [1967] S.C.R. 443 at 448 [Colmenares], citing Bonython v. Commonwealth of Australia, [1951] A.C. 201 (P.C.) at Lilydale, at para. 9. Lilydale, at para. 10, citing Colmenares, which, in turn, cited Chesire on Private International Law, 7th ed......
7 books & journal articles
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Choice of Law and the Australian Constitution: Locating the Debate
...law of contract has not resulted in a stricter territorial rule (Bonython v Commonwealth (1948) 75 CLR 589 (High Court of Australia); (1950) 81 CLR 486; [1951] AC 201 (Privy Council), cited with apparent approval by Gaudron, Gummow and Hayne JJ in Mobil (2002) 211 CLR 1, 36 [56]). See also ......
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CHOICE OF LAW FOR ENFORCEMENT OF ARBITRAL AWARDS
...v Unus Shipping Co Ltd[1939] AC 277; Amin Rasheed Shipping Corp v Kuwait Insurance Co[1984] AC 50; Bonython v Commonwealth of Australia[1951] AC 201. 42 Gary Born, International Commercial Arbitration: Commentary and Materials (Kluwer, 2001) at p 419. 43 Halsbury's Laws of Singapore vol 6(2......
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Formation of Internet Contracts: An Analysis of the Contractual and Security Issues
...tool in ascertaining the proper law of a contract. This test was adopted from the case of Bonython v Common-wealth of Australia ([1951] AC 201 (PC) at 219: see Improvair (Cape) (Pty) Ltd v Establissements Neu 1983 (2) SA 138 (C) at 145F-146C; Laconian Maritime Enterprises Ltd v Agromar Line......
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A broader role for the commonwealth in eradicating foreign sweatshops?
...in an Australian court if pleaded by a party: see, eg, Damberg v Damberg (2001) 52 NSWLR 492, 505. (63) Bonython v Commonwealth [1951] AC 201,219. (64) (2002) 210 CLR (65) Ibid 520 (Gleeson C J, Gaudron, McHugh, Gummow and Hayne JJ). (66) An Australian court might refuse to enforce contract......
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