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Grace v Elmasri
[2009] VSCA 111
Citation 1
…o the question of whether the plaintiff had suffered a serious injury. In Grace v Elmasri and Transport Accident Commission [2009] VSCA 111, at paragraph 136, the Court of Appeal overturned the decision of the trial judge in denying a plaintiff serious injury where the trial judge considered that the plaintiff's c…
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Jayatilake v Toyota Motor Corporation Australia Ltd
[2008] VSCA 167
Citation 2
…[32] [2007] VSCA 142, per Redlich JA, at paragraphs 19-20 [33] [2008] VSCA 167, per Ashley JA, at paragraphs 19-21 37 There is no doubt that the plaintiff suffered a secondary psychological reaction to the onset of the physical injury to his lower back, but the mere presence of that secondary psychological reactio…
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Zivolic v Hella Australia Pty Ltd
[2007] VSCA 142
Citation 3
…[32] [2007] VSCA 142, per Redlich JA, at paragraphs 19-20 [33] [2008] VSCA 167, per Ashley JA, at paragraphs 19-21 37 There is no doubt that the plaintiff suffered a secondary psychological reaction to the onset of the physical injury to his lower back, but the mere presence of that secondary psychological reactio…
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Cakir v Arnott's Biscuits Pty Ltd
[2007] VSCA 104
Citation 4
…ight to all the evidence both as to the cause and as to the seriousness of the appellant’s injury. …”[40] [39] Transcript 42-43 [2007] VSCA 104 [40] at paragraph 49…
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Allsmanti Pty Ltd v Ernikiolis
[2007] VSCA 17
Citation 5
…lar functions could have been initiated.” [42] [41] [2005] VSCA 281 [42] At paragraph 42. In Allsmanti Pty Ltd v Ernikiolis [2007] VSCA 17, per Ashley JA, at paragraphs 47- 49, who observed that film and the plaintiff's presentation to examining medical practitioners was only part of the evidence in that case and…
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Dressing v Porter
[2006] VSCA 215
Citation 6
…ury meet the statutory test even though there might be other injuries, all medical problems which might themselves satisfy the statutory test. [43] [2006] VSCA 215 51 It occurred to me that there was little in the submission made by Mr Myers given the nature of the evidence given by the plaintiff about those other…
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Shock Records Pty Ltd v Jones
[2006] VSCA 180
Citation 7
…e cause of pain and suffering consequences and loss of earning capacity consequences, then no so-called disentangling is required. [31] [2006] VSCA 180, per Bell AJA, at paragraph 79…
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Forder v Hutchinson
[2005] VSCA 281
Citation 8
…some altered blood circulation in the brain, some disturbance of vestibular functions could have been initiated.” [42] [41] [2005] VSCA 281 [42] At paragraph 42. In Allsmanti Pty Ltd v Ernikiolis [2007] VSCA 17, per Ashley JA, at paragraphs 47- 49, who observed that film and the plaintiff's presentation to examini…
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Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 9
…comparing the plaintiff’s condition before and after that injury: see Petkovski v Galletti. [4] [1] S.134AB(1), and Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622, at paragraph 11 [2] Barwon Spinners , at paragraph 33 [3] A consistent approach of Judges of the County Court – see, for example, De Pasquale v AW Dark Pty Ltd [2005] VCC 1…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 10
…re and after that injury: see Petkovski v Galletti. [4] [1] S.134AB(1), and Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622, at paragraph 11 [2] Barwon Spinners , at paragraph 33 [3] A consistent approach of Judges of the County Court – see, for example, De Pasquale v AW Dark Pty Ltd [2005] VCC 158, per Ju…