A typhoon clause in a marine hull policy that prohibits the vessel from being 'allowed to sail' when there is a typhoon or storm warning requires knowledge of the warning on the part of the master or other person responsible for allowing the vessel to sail; the clause does not operate automatically upon the mere existence of a warning. The word 'warning' in such a clause encompasses warnings of the expected future occurrence of storm conditions, not merely warnings of existing conditions at the relevant locations. A trial judge exercising discretion under s 59 of the Supreme Court Act 1986 (Vic) to award interest on a foreign currency judgment cannot add to the rate proved in evidence without specific evidentiary or statutory justification.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.