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Identifying the proximate cause and the meaning of inherent vice — Australian and English perspectives

Identifying the proximate cause and the meaning of inherent vice — Australian and English perspectives
Identifying the proximate cause and the meaning of inherent vice — Australian and English perspectives
The decision of Alstom Ltd v Liberty Mutual Insurance Co1 concerns the issue of the proximate cause of cargodamage with reference to the interpretation of the Institute Cargo Clauses (All Risks) and their application to s 61(1)of the Marine Insurance Act 1909 (Cth) (1909 Act). The facts of this case are strikingly similar to that of a wellknown English case, The Cendor Mopu,2 which was decided by the Supreme Court 2 years ago. Although the twocases reached similar conclusions, the reasoning in the judgments are different.Therefore, in light of therelationship between the Australian and English marine insurance law, this article is seeking a universal approachto resolve the causation question in marine cargo claims in general by looking at these two recent decisions.Despite the fact that Australia has few marine cargo claims, the analysis of these two judgments and theconclusions may equally apply to general insurance claims in Australia when determining the relevant cause ofdamage or loss.
1030-2379
174-185
Song, Meixian
95735514-86ff-4387-aecb-9f708549047a
Song, Meixian
95735514-86ff-4387-aecb-9f708549047a

Song, Meixian (2013) Identifying the proximate cause and the meaning of inherent vice — Australian and English perspectives. Insurance Law Journal, 24, 174-185.

Record type: Article

Abstract

The decision of Alstom Ltd v Liberty Mutual Insurance Co1 concerns the issue of the proximate cause of cargodamage with reference to the interpretation of the Institute Cargo Clauses (All Risks) and their application to s 61(1)of the Marine Insurance Act 1909 (Cth) (1909 Act). The facts of this case are strikingly similar to that of a wellknown English case, The Cendor Mopu,2 which was decided by the Supreme Court 2 years ago. Although the twocases reached similar conclusions, the reasoning in the judgments are different.Therefore, in light of therelationship between the Australian and English marine insurance law, this article is seeking a universal approachto resolve the causation question in marine cargo claims in general by looking at these two recent decisions.Despite the fact that Australia has few marine cargo claims, the analysis of these two judgments and theconclusions may equally apply to general insurance claims in Australia when determining the relevant cause ofdamage or loss.

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Identifying the proximate cause and the meaning of inherent vice — Australian and English perspectives — (2013) 24 ILJ 174
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Published date: 2013

Identifiers

Local EPrints ID: 449787
URI: http://eprints.soton.ac.uk/id/eprint/449787
ISSN: 1030-2379
PURE UUID: 3bfe607e-bf41-40b5-a138-f61ad5034c78
ORCID for Meixian Song: ORCID iD orcid.org/0000-0003-2315-761X

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Date deposited: 17 Jun 2021 16:31
Last modified: 23 Jul 2022 02:03

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