Advanced Wire & Cable Pty Ltd v Abdulle
[2009] VSCA 170
Citation 1
…or both “pain and suffering damages” and “pecuniary loss damages”: (see Advanced Wire & Cable Pty Ltd v Abdulle [2009] VSCA 170), delivered by the Court of Appeal on 28 July 2009, and in particular, at paragraphs 60-64).…
Smorgon Steel Tube Mills Pty Ltd v Majkic
[2008] VSCA 230
Citation 2
…f other jobs and in that sense, probably could not be seen as “suitable employment” as discussed in Smorgon Steel Tube Mills Pty Ltd v Majkic [2008] VSCA 230. Notwithstanding, it does give some indication that the plaintiff is capable of a reasonable amount of work, more so when one reads the reports of the treati…
Church v Echuca Regional Health
[2008] VSCA 153
Citation 3
…oning in dealing with that evidence and the issues raised by the application: (see s.134AE of the Act and Church v Echuca Regional Health (2008) 20 VR 566, at paragraphs [89]–[92]); (d) notes that s.134AB(38)(b) of the Act provides that the consequences of an injury and impairment in terms of “pain and suffering” a…
Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 4
…her employment with the first defendant on or after 20 October 1999: (see s.134AB(1) of the Act and Barwon Spinners Pty Ltd and Ors v Podolak (2005) 14 VR 622, at paragraph [11]); (b) “the injury” and the resultant impairment is “permanent” – that is, permanent in the sense that it is “likely to last for the forese…
Acir v Frosster Pty Ltd
[2009] VSC 454
Citation 5
…are the plaintiff’s “without injury earnings”. I have been assisted by the recent decision of Acir v Frosster Pty Ltd [2009] VSC 454, a decision of Forrest J, where, at paragraphs 158 to 179, His Honour discusses the concept of “without injury earnings”. Forrest J accepted, consistent with the Second Reading Spee…