Share on LinkedInShare on LinkedIn

ARTICLE · 17 MARCH 2011

Shifting cargo leads to marine charterer's liability insurance dispute

The recent decision in the Supreme Court of Victoria in <i>Orica Australia Pty Ltd v Limit (No.2) Ltd</i> (2011) VSC 65 dealt with issues regarding policy liability and the insured’s obligation in relation to loss mitigation and the currency of the judgment amount. While not establishing new principles of law it provides useful guidance to claimants and their opponents.

AustraliaTransport

The recent decision in the Supreme Court of Victoria in Orica Australia Pty Ltd v Limit (No.2) Ltd (2011) VSC 65 dealt with issues regarding policy liability and the insured's obligation in relation to loss mitigation and the currency of the judgment amount. While not establishing new principles of law it provides useful guidance to claimants and their opponents.

Background

In late 2004, a cargo of bagged ammonia nitrate shifted in stow during a voyage from Three Rivers Quebec, Canada to Port Alma, Australia necessitating the vessel to deviate from its planned course to resecure the stow.

The vessel had been chartered by Orica Australia Pty Ltd from Spliethoff Transport BV as agent for the vessel owner.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from