Yorkshire Fire and Life Insurance Company v British and Foreign Marine Insurance Company Ltd [1905] HCA 47

196 HIGH COURT

H.C. or A. under the Workers' Compensation Act. To my mind it 1905. feetly clear that he was entitled to that £1 17s. 11d.

a 2

Tue Grear Alleged agreement of compromise was made, and therefore it ¢ Fincat.Cox- : . hare 2 ees

een, not form a consideration for any new promise ; that being so

Lro. £1 17s. 11d. was not a consideration at all. There was th Suernay. no consideration to support the agreement, and it has th

validity either as an agreement ousting the jurisdiction of

O'Connor J. Court, or as a compromise or accord and satisfaction of the tiff's claim. The only way of doing justice is to send tl back to the Local Court. I therefore agree with the con of the Supreme Court, although for different reasons from th on which their conclusion was based, that the matter mu remitted to the Local Court for decision. . Appeal dismissed with costs, Solicitors, for appellants, Stawell & Cowle. Solicitors, for respondents, Martin & Phillips. HE. (HIGH COURT OF AUSTRALIA.) THE YORKSHIRE FIRE AND LIFE) ApPE INSURANCE COMPANY Ile PLAINTIFF, AND THE BRITISH AND FOREIGN MARINE) REsro! INSURANCE COMPANY LTD. the H.C. oF A. DEFENDANT, hess ON APPEAL FROM THE SUPREME COURT OF VICTORIA. —

creyeenend Fire Brigades Act 1890 (No. 1200) (Vict.), secs. 2, 42, 45, 46—Contr fen 20, expenses of Fire Brigades Bourd—* Insurance Company," meaning of- Insurance Company insuring against fire on land—Fire insurance it

Grimth c.J., marine insurance—Premium covering both insurances—Ascertainment Of 1

Barton and . ony, O'Connor JJ. portion of contribution.

3 CLR.) OF AUSTRALIA.

'The definition of "insurance company" in sec. 2 of the Fire Brigades Act 1890 (Viet.), includes every person or company who or which carries on the business of fire insurance or who or which carries on some business other than that of fire insurance and, as an incident to contracts made by it, for con- sideration indemnifies against loss or damage by fire property on land.