MARSH & McLENNAN PTY LTD V STANYERS TRANSPORT PTY LTD

(1994) 3 Re LR 60

Australia Supreme Court of Victoria Appeal Division

Before Fullagar, Marks and Gobbo JJ

Contract - Insurance - Existence of contract of insurance and parties thereto - Sufficiency of evidence to found proof that premium was in fact paid to broker.

Broker - Principal and agent - Liability of undisclosed principals - Distinction between non-disclosure of identity of principal and nondisclosure of fact of agency discussed - Whether broker was agent for principal whose identity was undisclosed and therefore was not personally liable for refund of premium.

Consideration - Whether total failure of consideration for payment of premium - Claims for money had and received on a total failure of consideration.