Marquis Trading Co. and anr. v. Associated Bankers Insurance Co. Ltd. and anr. (The Amelia) - Court of Appeal (Roberts C.J. Silke and Barker JJ.A.) - 4 June 1982

Marine insurance - Whether order for ship’s papers may be made where scuttling not alleged

The plaintiffs claimed that they had insured with the defendant cargo underwriters goods to the value of HK$5 million which had been placed on board the ship Amelia , due to sail from Singapore to Hong Kong; and that on 12 November 1978, whilst the policies were in force, the goods became a total loss by the perils insured against in that the Amelia sank in heavy weather. In their points of defence the defendants inter alia put the plaintiffs to strict proof of their claims; denied that the Amelia sank or foundered as alleged or at all; denied that if she did sink she sank fortuitously and such sinking was not within the risks insured against; denied that the goods alleged to be loaded were lost at sea, and alleged that the plaintiffs had failed to disclose material facts which if disclosed would have led the defendants to refuse to issue any policy of insurance to the plaintiffs. No allegation of scuttling was pleaded.