INSURANCE - accidental loss or damage - damage to engine of motor yacht while being operated by insured - role of knowledge of insured in determining whether loss or damage unexpected - whether loss or damage unexpected and so "accident/accidental" within meaning of the policy - whether insured "courted the risk" of loss or damage
INSURANCE - causation in insurance law - identification of proximate cause or causes - damage to engine of motor yacht while being operated by insured - engine continued to be operated after alarm activated - engine oil cooler gasket faultily designed - whether sole proximate cause - whether multiple concurrent proximate causes
PRACTICE AND PROCEDURE - referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) - damage to engine of motor yacht - referee appointed to determine factual questions - adoption of findings of referee - principles relating to reports of referee appointed under s 54A - use of referee as alternative to expert evidence
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