Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340 File number: WAD 348 of 2016
Judge: ALLSOP CJ
Date of judgment: 17 November 2017
Catchwords: INSURANCE – accidental loss or damage – damage to engine of motor yacht while being operated by insured – role of knowledge of insured in determining whether loss or damage unexpected – whether loss or damage unexpected and so "accident/accidental" within meaning of the policy – whether insured "courted the risk" of loss or damage INSURANCE – causation in insurance law – identification of proximate cause or causes – damage to engine of motor yacht while being operated by insured – engine continued to be operated after alarm activated – engine oil cooler gasket faultily designed – whether sole proximate cause – whether multiple concurrent proximate causes PRACTICE AND PROCEDURE – referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) – damage to engine of motor yacht – referee appointed to determine factual questions – adoption of findings of referee – principles relating to reports of referee appointed under s 54A – use of referee as alternative to expert evidence
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37N 54A Federal Court Rules 2011 (Cth), Div 28.6, rr 28.61, 28.67
Cases cited: A F & G Robinson v Evans Bros Pty Ltd [1969] VR 885 Australian Casualty Co Ltd v Federico [1986] HCA 32; 160 CLR 513 Buckley v Bennell Design & Construction Pty Ltd [1978] HCA 20; 140 CLR 1 Canada Rice Mills Ltd v Union Marine and General Insurance Co Ltd [1941] AC 55 Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 City Centre Cold Storage Pty Ltd v Preservatrice Skandia Insurance Ltd (1985) 3 NSWLR 739 De Souza v Home and Overseas Insurance Co Ltd [1995] LRLR 453 Fenton v J Thorley & Co Ltd [1903] AC 443 Franks v Berem Constructions Pty Ltd [1998] NSWCA 87 Global Process Systems Inc v Syarikat Takaful Malaysia Berhad (The "Cendor MOPU") [2011] UKSC 5; 1 Lloyds Rep 560 Gray v Barr [1971] 2 QB 554 Homebush Abbattoir Corporation v Bermria Pty Ltd (1991) 22 NSWLR 605 Kadam v MiiResorts Group 1 Pty Ltd (No 4) [2017] FCA 1139 Leyland Shipping Co Ltd v Norwich Union Fire Insurance Society Ltd [1918] AC 350 Lind v Mitchell (1928) 32 Lloyd's LR 70 Matton Developments Pty Ltd v CGU Insurance Ltd [2016] QCA 208 McCarthy v St Paul International Insurance Co Ltd [2007] FCAFC 28; 157 FCR 402 Mount Albert City Council v New Zealand Municipalities Co-operative Insurance Co Ltd [1983] NZLR 190 Reischer v Borwick [1894] 2 QB 548 Seven Sydney Pty Ltd v Fuji Xerox Australia Pty Ltd [2004] NSWSC 902 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Wayne Tank and Pump Co Ltd v Employers Liability Assurance Corp Ltd [1974] QB 57
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