Haidar v Transport Accident Commission
[2016] VSCA 182
Citation 1
…d to more recently by the Court of Appeal in Papamanos v Commonwealth Bank of Australia [2014] VSCA 167 and in Haidar v Transport Accident Commission [2016] VSCA 182. Bearing the above in mind, I accept the plaintiff’s evidence, both oral and in the supporting affidavits, in relation to her pain, suffering and int…
Papamanos v Commonwealth Bank of Australia
[2014] VSCA 167
Citation 2
…This observation has been referred to more recently by the Court of Appeal in Papamanos v Commonwealth Bank of Australia [2014] VSCA 167 and in Haidar v Transport Accident Commission [2016] VSCA 182. Bearing the above in mind, I accept the plaintiff’s evidence, both oral and in the supporting affidavits, in relati…
Haden Engineering Pty Ltd v McKinnon
[2010] VSCA 69
Citation 3
…her life as a result of the injury. In this regard, I would also refer to what was said by Maxwell P in Haden Engineering Pty Ltd v McKinnon [2010] 31 VR 1 as follows: “As to (a), the weight to be attached to the plaintiff’s account of the pain experience will, of course, depend upon an assessment of the p…
Tatiara Meat Co Pty Ltd v Kelso
[2010] VSCA 12
Citation 4
…some pain, especially sitting, and the pain does not go away for any length of time – see T12. As was said in Tatiara Meat Company Pty Ltd v Kelso [2010] VSCA 12: “The endurance of permanent daily pain requiring frequent medication must, according to ordinary human experience, raise a real prospect of a ‘very co…
Dwyer v Calco Timbers Pty Ltd (No 2)
[2008] VSCA 260
Citation 5
…of a struggle. In any event, this is not something which should count against her. As was said by Nettle JA in Dwyer v Calco Timbers Pty Ltd (No. 2) [2008] VSCA 260: “… The appellant has been prepared to put up with his pain and suffering and get on with his business as best he can … It would be unfortunate, and…