Gibbs v Mercantile Mutual Insurance (Australia) Ltd

[2003] HCA 39
Judgment date
Case number
P63/2002
Before
Gleeson CJ, McHugh, Kirby, Hayne, Callinan JJ
Catchwords

Insurance – Contracts – Insurance cover against liability to third parties arising from use of marine pleasure craft for commercial paraflying – Where paraflying to be conducted in estuarine waters – Whether policy a contract to which Marine Insurance Act 1909 (Cth) applied – Whether policy a contract of marine insurance.

Words and phrases – "contract of marine insurance", "incident to marine adventure", "maritime perils", "sea", "ship".

Insurance Contracts Act 1984 (Cth) – s 9(1)(d).

Marine Insurance Act 1909 (Cth) – ss 7, 8, 9.

Marine Insurance Act 1906 (UK).

Merchant Shipping Act 1894 (Imp).

Files
39.rtf (116.46 KB)
39.pdf (252.43 KB)