Waterwell Shipping Inc and Anr v HIH Casualty and General Insurance Ltd (The “Alpha Kilimanjaro”) - Supreme Ct of New South Wales (Commercial Div)(Giles CJ Comm Div) - 19 September 1997

Marine insurance - Vessel sank after sea suction valves were left open by chief engineer when shutting down vessel at berth prior to fumigation - Whether loss of vessel caused by negligence - Proximate cause of loss

On 24 July 1994 the vessel Alpha Kilimanjaro sank at berth at Mbaraki River, Mombasa. The shipowners and mortgagees claimed from the defendant hull and machinery insurers the vessel’s agreed value of US$1,200,000.