CLAUDE R. OGDEN & CO. PTY. LTD. v. RELIANCE FIRE SPRINKLER CO. PTY. LTD. AND OTHERS; DAVIES (First Third Party); STENHOUSE (N.S.W.) LTD. (Second Third Party)1

[1975] 1 Lloyd's Rep. 52

AUSTRALIASUPREME COURT

Before Mr. Justice Macfarlan

Australia-Insurance (Public and Products Liability) - Installation of fire extinguishing equipment in factory - Factory destroyed by fire - Action for damages by factory owner against party installing equipment - Defendant insured against public and products liability - Insurance effected by insurance broker on behalf of defendant - Avoidance of policy by insurer - Misrepresentation - Non-disclosure of material facts - Joinder by defendant of insurer and insurance broker - Waiver and estoppel not established - Insurer entitled to avoid policy - Failure by broker to exercise reasonable care and skill - Defendant entitled to recover from broker - Effect of alternative claims by defendant in contract and tort - Principles applicable.