Ingham v ACN 000 333 844 Ltd (In Liq) (formerly known as Australian Casualty & Life Ltd) & Ors [2006] NSWCA 63

Reported Decision : (2006) 14 ANZ Insurance Cases 61-688

New South Wales Court of Appeal

CITATION: Ingham v ACN 000 333 844 Ltd (In Liq) (formerly known as Australian Casualty & Life Ltd) & Ors [2006] NSWCA 63

HEARING DATE(S): 29 March 2006

JUDGMENT DATE: 3 April 2006

JUDGMENT OF: Handley JA at 1; Giles JA at 2; Santow JA at 16

DECISION: Leave to appeal refused, claimant ordered to pay the opponent's costs.

CATCHWORDS: Insurance - income protection policy - special condition reduced benefits if disability caused or contributed to by "disease or disorder" of eye - whether disorder included result of being struck in eye by piece of wood - approach to construction - from parties' use of "disorder" and purpose of special condition, did include it. D

Australian Casualty Co Ltd v Federico (1986) 160 CLR 513; Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500; House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498; CASES CITED: Johnson v American Home Assurance Co (1998) 192 CLR 266; McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579; MLC Ltd v O'Neill [2001] NSWCA 161; Provincial Insurance Australia Pty Ltd v Consolidated Wood Products Pty Ltd (1991) 25 NSWLR 541; Rouleston Clarke Pty Ltd (In Liq) v FAI General Insurance Co Ltd (2000) 11 ANZ Ins Cas 60-473.

Jeffrey Tom Ingham - Claimant PARTIES: ACN 000 333 844 (In Liq) (formerly known as Australian Casualty & Life Ltd - Opponent John Buckton - First Third Party Academy Life Agents Pty Ltd - Second Third Party

FILE NUMBER(S): CA 40306/05