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Cases Citing This Decision
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Statutory Material Cited
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Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 1
(Para 183)
…ned to work the next day and for some time thereafter without demur) and 28 March 2013 when she was rendered incapable of further work. Grech v Orica (2006) 14 VR 602 is a reminder to recognise that a difference may arise between injury and incapacity. It is not inexplicable that there may be a deficit in accounts…
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Zlateska v Consolidated Cleaning Services Pty Ltd
[2006] VSCA 141
Citation 2
(Para 167)
…a value judgment including ordinary notions of language and common sense .” (See, Deane J at p.524) and also see Zlateska v Consolidated Cleaning [2006] VSCA 141 at para. 82.…
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Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 3
(Para 1)
…table employment’ was addressed by the Court of Appeal in Barwon Spinners Pty Ltd v Podolack [2005] 14 VR 622 in which it was said: The concept of ‘suitable employment’ will, of course, give rise to difficulties from time to time, but the thrust of the definition is plain enough. It looks to the possibility…
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March v E & MH Stramare Pty Ltd
[1991] HCA 12
Citation 4
(Para 167)
…On the matter of causation the common law applies. In March v Stramare Pty Ltd (1991) 171 CLR 506 the High Court said that although causation is a question of fact “ the question of whether conduct is a cause of injury remains to be determined by a value judgment including ordinary notions of language and common sens…
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Ogden Industries Pty Ltd v Lucas
[1967] HCA 30
Citation 5
(Para 212)
…courts, including the High Court, in Australia over the years. A good example is that of Mr Justice Windeyer in Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537 at 593 in which he stated,…
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Jones v Dunkel
[1959] HCA 9
Citation 6
…ion in certain historical accounts produced by doctors- plaintiff’s credit attacked – reliance on surveillance –application to draw Jones v Dunkel (1959) CLR inference – no adverse inference drawn – no current work capacity – discourse as to burden of proof for no current capacity – notice of rejection set aside…
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Dinatale v Sweeney Research
[2013] VSC 414
Citation 7
(Para 1)
…. If it were otherwise, paragraphs (a) (ii), (iii) and (iv) would have no work to do. In Dinatale v Sweeney [2013] VSC 414 Beach J in addressing a ground of appeal by a worker that the Magistrate had erred in law in failing to hold that, the appellant having established a prima facie case that no suitable employm…
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Sodexho Australia Pty Ltd v Rowe
[2009] VSC 298
Citation 8
(Para 1)
…ty for suitable employment: Sodexo Australia v Karen Rowe & Ors [2009] VSC 298. The central exercise for me however is not to concentrate on one aspect of the evidence in isolation but to assess the whole of the evidence in order to determine if the defendant has discharged its burden in satisfying me that the pl…
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Public Transport Corporation v Pitts
[2007] VSC 356
Citation 9
(Para 1)
…s really no differently put by me than it was by Smith J in Public Transport Corporation v Mervyn Pitts [2007] VSC 356. The scope of the meaning to be afforded ‘suitable employment’ was addressed by the Court of Appeal in Barwon Spinners Pty Ltd v Podolack [2005] 14 VR 622 in which it was said: The concept of ‘su…