30 Nov 1973
SPICERS LTD v. THE SOUTH SEAS PRINTING CO (A FIRM)
- Citation
- SPICERS LTD v. THE SOUTH SEAS PRINTING CO (A FIRM)
- Court
- Court of First Instance
- Case number
- HCA1544/1972
The court found no estoppel: the plaintiffs' agent did not induce the defendants to refrain from insuring nor had authority to vary the written terms; the indemnity/insurance clause in the lease was enforceable; on total loss plaintiffs entitled to compensation up to replacement value but, consistent with contract structure, the amount recoverable is the outstanding instalments plus the option payment where that approximates replacement value; the defendants' counterclaim seeking assignment of the plaintiffs' insurance benefit fails because assignment without insurer consent is ineffective an…