Giankos v SPC Ardmona Operations Ltd
[2011] VSCA 121
Citation 1
…abilitation and pain medicine. In this regard, I am bearing in mind the observations of the Court of Appeal in Giankos v SPC Ardmona Operations Ltd [2011] VSCA 121. It is the opinion of Dr Thomas that the plaintiff could perform light sedentary process-type work with a limit of 5 kilograms lifting between waist an…
Advanced Wire & Cable Pty Ltd v Abdulle
[2009] VSCA 170
Citation 2
…n discharged in that regard. I would refer to the decision of the Court of Appeal in Advanced Wire & Cable Pty Ltd & Anor v Abdulle [2009] VSCA 170 and to subsequent decisions. I might add that I would have no hesitation in finding that the burden of proof in relation to pain and suffering damages had been dischar…
Ansett Australia Ltd v Taylor
[2006] VSCA 171
Citation 3
…continues to receive them. 57 I would refer to the observations of Ashley JA in the Court of Appeal decision of Ansett Australia Ltd & Anor v Taylor [2006] VSCA 171, which observations are well-known to those practising in this area. To employ the terminology of Ashley JA, admissions such as those listed above sh…
Acir v Frosster Pty Ltd
[2009] VSC 454
Citation 4
…nce of a subsequent supervening event in the context of loss of earning capacity was determined by Forrest J in Acir v Frosster Pty Ltd [2009] VSC 454. As pointed out by Mr Jewell, such matters may be relevant in the context of damages but play no part in the determination of a serious injury application – again,…