Helicopter Equipment Ltd v Marine Insurance Co Ltd - [1986] 1 NZLR 448

Insurance — Liability of insurer — Contract of insurance arranged through broker — Insurer sought to avoid contract on basis of non-disclosure of material information by insured — Information known to broker — Broker retained 10 per cent of premium paid by insured — Whether broker was a representative of the insurer — Whether insurer was deemed to know the information passed from insured to broker — Insurance Law Reform Act 1977, s 10.

Practice and procedure — summary judgment — Affidavits in answer — At the hearing defendant sought to raise issues in defence which had not been covered in its affidavit in reply to plaintiff's statement of belief that defendant had no defence to plaintiff's claims — Whether defendant could raise these issues at the hearing — High Court Rules, R 141.