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Ocean Harvester Holdings Pty Ltd v MMI General Insurance Ltd[2004] QCA 41

Ocean Harvester Holdings Pty Ltd v MMI General Insurance Ltd[2004] QCA 41

CITATION: Ocean Harvester Holdings Pty Ltd v MMI General Insurance Ltd [2004] QCA 41
JUDGE(S): McMurdo P, Davies JA, Mackenzie J
DELIVERED ON: 27 February 2004
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Editorial Notes

  • Published Case Name:

    Ocean Harvester Holdings P/L v MMI General Insurance Ltd

  • Shortened Case Name:

    Ocean Harvester Holdings Pty Ltd v MMI General Insurance Ltd

  • MNC:

    [2004] QCA 41

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Davies JA, Mackenzie J

  • Date:

    27 Feb 2004

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2003] QSC 26215 Aug 2003Plaintiff claimed on valued policy of insurance for trawling vessel lost at sea; where defendant unable to positively prove vessel scuttled; whether vessel lost by accident within meaning of policy; action dismissed: Cullinane J
Appeal Determined (QCA)[2004] QCA 4127 Feb 2004Plaintiff appealed against [2003] QSC 262; whether primary judge erred in finding plaintiff could not succeed even where scuttling not positively proven; appeal dismissed: M McMurdo P, Davies JA and Mackenzie J

Appeal Status

Appeal Determined (QCA)

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