TNT Shipping & Development Ltd & Ors v QBE Insurance Ltd & Ors (The “TNT Capricornia” and “TNT Carpentaria”) - Supreme Court of New South Wales - Hunter J - 7 November 1994

Marine insurance - Jurisdiction clause - Stay of proceedings

The vessels TNT Capricornia and TNT Carpentaria were insured in relation to hull and machinery risks as to 50% with the first defendant (the Australian insurers) and 50% with the second and third defendants (the London insurers). Both vessels sustained damage to their machinery on board as a result of which proceedings were commenced in the Supreme Court of New South Wales against the insurers. The London policies bore an endorsement on their face “This insurance is subject to English jurisdiction”. By contrast, in the Australian policies the word “English” was deleted and in its place the word “Australian” was inserted.