WALKER V RURAL & GENERAL INSURANCE LTD

(1997) 6 Re LR 253

Australia Supreme Court New South Wales Admiralty Division

Before Justice Bainton

Insurable interest - Marine insurance - Unseaworthiness - Motor cruiser beached following engine failure - Engine failure caused by bursting of hose in cooling system - Purchase price of vessel provided by owner and finance company which hired vessel to owners company - Whether owner, his company and/or finance company had insurable interest in vessel - Whether insurers had established that vessel was in control, when claim arose, of person who was unlicensed - Whether vessel unseaworthy when voyage commenced - Whether claim caused by or arose out of unseaworthiness or lack of repair of vessel - Whether plaintiffs claim was caused by lack of reasonable care or diligence in safeguard or maintenance of vessel - Whether statutory regulations a “requirement”.