Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jetopay Pty Ltd v Ocean Marine Mutual Insurance Association (Europe) OV [1999] FCA 1773
MARINE INSURANCE – whether underwriter bound to indemnify assured under policy in respect of damages to the vessel and the cost of its repair – question of the terms of the policy and its relationship to a lineslip arrangement between the underwriter and a broker – whether underwriter could cancel the policy for non-receipt of premiums – whether broker is liable for failing to ensure that the policy covered all the items of loss sustained – whether assured relied on the existence of that coverage in taking up the policy
PRINCIPAL AND AGENT – whether intermediate parties acted as agents for the underwriter or the assured
WORDS AND PHRASES – "lineslip" Trade Practices Act 1974 (Cth) ss 52 and 82 Evidence Act 1995 (Cth) ss 76, 79 and 183 Marine Insurance Act 1909 (Cth) s 59 Marine Insurance Act 1906 (UK) s 53(1) Bugg v Day (1949) 79 CLR 442 cited Arnotts Limited v Trade Practices Commission (1900) 24 FCR 313 cited HG v The Queen (1999) 160 ALR 554 cited Pownall v Conlan Management Pty Limited (1995) 12 WAR 370 cited March v Stramare (1991) 171 CLR 506 cited Avel Pty Ltd v Multicoin Amusements Pty Ltd (1990) 171 CLR 88 cited Vines v Djordjevitch (1955) 91 CLR 512 cited Banque Commerciale SA, en Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 cited Coast Ferries Ltd v The Coast Underwriters Ltd (1971) 23 DLR (3d) 226 not followed The "Brentwood" [1973] 2 Lloyd's Rep 232 cited Coast Ferries Ltd v Century Insurance Company of Canada [1975] 2 SCR 477 cited Guardian Assurance Co Ltd v Underwood Constructions Pty Ltd (1974) 48 ALJR 307 distinguished Prentis Donegan & Partners Ltd v Leeds & Leeds Co Inc [1998] 2 Lloyd's Rep 326 applied Power v Butcher (1829) 10 B & C 329 at 340 cited Universo Insurance Co of Milan v Merchants Marine Insurance Co Ltd [1897] 1 QB 205 cited Universo Insurance Co of Milan v Merchants Marine Insurance Co Ltd [1897] 2 QB 93 cited O'May on Marine Insurance 1993 N Geoffrey Hudson and J C Allen The Institute Clauses 2nd ed. 1995 Arnould's Law of Marine Insurance and Average British Shipping Laws Vol III (1997) JETOPAY PTY LIMITED v OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE) OV & ORS
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