On 11 September 2013, leave to appeal was granted in The Go Star v Daebo International Shipping Co Ltd, as noted on our case page. The case involved the charter of a ship, and an allegation that the new charterer had committed the tort of procuring a breach of contract. The appeal to the High Court sought to ascertain what was the lex loci delicti (in other words, the law of the place where the tort was committed). The appellants sought to argue that the relevant law was Chinese law.
However, the High Court has just revoked special leave to appeal on the basis that the case ‘was not a suitable vehicle’ to determine what the lex loci delicti was for the tort of procuring breach of contract.The charter contract was made outside Australia between Korean companies, and was subject to English law, not Australian law. The communications alleged to have comprised the procurement of breach of contract occurred in Greece and Singapore. The only connection with China was that the ship was in Chinese waters when the alleged tort of procuring breach of contract occurred. In judgment, Hayne J said for the Court: ‘The appellant’s submissions, as developed in writing and orally, reveal insufficient prospects of demonstrating that the law which governed Daebo’s claim for damages for procuring breach of contract was the law of the People’s Republic of China as warrant the grant of special leave to appeal.’