Ingham v ACN 000 333 844 Ltd (In Liq) (formerly known as Australian Casualty & Life Ltd)

The appeal concerned an income protection insurance policy issued by ACN 000 333 844 Ltd (In Liq) (formerly known as Australian Casualty & Life Ltd) to Mr Ingham. The dispute arose from the insurer's refusal to pay benefits under the policy, which was based on a special condition that reduced benefits if a disability was caused or contributed to by a "disease or disorder" of the eye. Mr Ingham contended that his disability, resulting from being struck in the eye by a piece of wood, did not fall within this exclusion. The appeal was heard by Handley, Giles and Santow JJA of the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the proper construction of the phrase "disease or disorder" of the eye as it appeared in the special condition of the insurance policy. Specifically, the court had to determine whether the injury sustained by Mr Ingham, which was an external trauma to the eye, constituted a "disorder" for the purposes of the exclusion clause.

The Court of Appeal reasoned that the interpretation of the exclusion clause should be informed by the language used by the parties and the purpose of the special condition. The court concluded that the term "disorder" was broad enough to encompass the result of being struck in the eye by a piece of wood, thereby falling within the scope of the exclusion. The court found that the purpose of the special condition was to limit the insurer's liability for conditions affecting the eye, and that the injury in question was consistent with this purpose.

Leave to appeal was refused, and Mr Ingham was ordered to pay the opponent's costs.