Lord Shaw:-

This is an appeal by special leave from a judgment of the High Court of Australia dated 19th June, 1919, allowing by a majority of two judges to one an appeal from the judgment of Hodges, J., in the Supreme Court of Victoria, dated 30th October, 1918. Isaacs, J., agreed with the judge of first instance; Barton and Gavan Duffy, JJ., from whom he dissented, decided to reverse.

The action, which was brought by the appellant as plaintiff, claimed a declaration that, under a policy of insurance of the defendant company, dated 1st March, 1918, that company was liable to pay him the loss sustained in consequence of fire which occurred on 17th April of that year and by reason of which a large part of the property insured was destroyed.

In the pleadings the defence was rested on a variety of grounds. At their Lordships' bar the learned counsel for the respondents stated that it was sufficient to rely upon one of these grounds, and that all the others might be taken as discarded. This ground was that two statements made in the proposal were untrue. One of these statements stood opposite the following, being a request for the "name in full, residence and occupation, of the person in