Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alstom Limited v Liberty Mutual Insurance Company (No 2) [2013] FCA 116 Citation: Alstom Limited v Liberty Mutual Insurance Company (No 2) [2013] FCA 116
Parties: ALSTOM LIMITED (ABN 15 000 038 237) v LIBERTY MUTUAL INSURANCE COMPANY (ARBN 086 083 605), ALLIANZ AUSTRALIA INSURANCE LIMITED (ABN 15 000 122 850), ACE INSURANCE LIMITED (ABN 23 001 642 020), CATLIN SYNDICATE LIMITED and TOKIO MARINE EUROPE
File number: WAD 300 of 2008
Judge: SIOPIS J
Date of judgment: 22 February 2013
Catchwords: MARINE INSURANCE – two transformers were damaged during a voyage from Mumbai to Fremantle – the transformers were insured by the owner under an all risks marine cargo insurance policy which included the Institute Cargo Clauses A – whether the proximate cause of the damage to the transformers was an inherent vice – whether the proximate cause of the damage to the transformers was the insufficiency or unsuitability of packing – whether the internal bracing to be applied to the component parts of the transformers during the voyage was to be regarded as "packing" or "preparation" – whether the insured could rely upon a clause in the marine insurance policy which deemed that the component parts of the transformers had been adequately packed – whether the insufficiency in packing arose by the fault or with the knowledge and consent of the insured – whether the marine insurance policy covered expenditure incurred by the owner in reconnecting the transformers after they had been repaired and returned to the installation site.
Legislation: Marine Insurance Act 1909 (Cth) ss 61, 62, 63, 66, 67, 73, 77, 77(c), 81
Cases cited: Wayne Tank and Pump Company Limited v Employers' Liability Assurance Corporation Limited [1974] QB 57 Yorkshire Dale SS Co Ltd v Ministry of War Transport (1942) 73 Lloyd's Rep 1 (The Coxwold) European Group Ltd v Chartis Insurance UK Ltd [2012] EWHC 1245 Helicopter Resources Pty Ltd & Vowell Air Services (Helicopters) Pty Ltd v Sun Alliance Australia (unreported, Supreme Court of Victoria, Ormiston J, 26 March 1991) Mayban General Assurance Bhd v Alstom Power Plants Limited [2004] Lloyd's Rep 609 State of Netherlands v Youell [1997] 2 Lloyd's Rep 440 Samuel & Co Ltd v Dumas [1924] AC 421 General Accident Fire and Life Assurance Corporation Ltd v Midland Bank Ltd [1940] 2 KB 388 Compagnia Maritima Sa Basilio SA v Oceanus Mutual Underwriting Association (Bermuda) Limited [1977] 1 QB 49 MacKinnon McErlane Booker Pty Ltd v P & O Australia Ltd [1988] VR 534 Lewis v Rucker (1761) 1167; 97 ER 769 Bennett H, The Law of Marine Insurance (2nd ed, Oxford University Press, 2006
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