Nudd v Taylor
Encyclopedia
Nudd v Taylor [2000] QSC 344, was a court
case
, decided in the Supreme Court of Queensland
on 30 August 2000. The case concerned Australian Private International Law
, specifically giving a Queensland
authority to the application of the Moçambique rule
.
Holmes J in determining whether there could be an exception to the Moçambique rule
applied in regard to the counterclaim, stated:
Holmes J in determining that a foreign litigant had submitted himself to this jurisdiction stated:
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
, decided in the Supreme Court of Queensland
Supreme Court of Queensland
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy...
on 30 August 2000. The case concerned Australian Private International Law
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
, specifically giving a Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
authority to the application of the Moçambique rule
Mozambique rule
The Moçambique rule, or Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non-justiciable in common law jurisdictions...
.
Facts
Judgement
Holmes J in determining whether there could be an exception to the Moçambique rule
Mozambique rule
The Moçambique rule, or Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non-justiciable in common law jurisdictions...
applied in regard to the counterclaim, stated:
Holmes J in determining that a foreign litigant had submitted himself to this jurisdiction stated: