Dwyer v Calco Timbers Pty Ltd
[2006] VSCA 187
Citation 1
…ion of serious injury involves a value judgment in which matters of fact, degree and impression are operative: see also Dwyer v Calco Timbers Pty Ltd [2006] VSCA 187 at 41. 131 This is not the sort of case where the fact that the plaintiff works full time is of particular relevance in considering the seriousness o…
Lu v Mediterranean Shoes Pty Ltd
[2000] VSCA 65
Citation 2
…an aggregation is not permissible when the disfigurement arises from the same incident: see Lu v Mediterranean Shoes Pty Ltd & Ors [2000] VSCA 65, which was authority for the proposition that impairments from separate accidents are not to be aggregated. 141 Brooking JA, in Baker v TAC supra looked at a number of…
Swannell v Farmer
[1998] VSCA 104
Citation 3
…for the defendants correctly submitted, the seriousness of the disfigurement had to be considered as at the time of the hearing see Swannell v Farmer (1999) 1 VR 229 and s.134AB (38)(j) of the Act . 143 Clearly the scar is present at the time of hearing and it is permanent. 144 Whilst the long ugly scar is not visible if t…
R v Tait
[1936] HCA 62
Citation 4
…has stabilised and it is permanent. 134 When dealing with the issue of disfigurement in the matter of Baker v Transport Accident Commission [1997] 1 VR 662, Brooking J held that matters such as “… the number of scars, their location, their size and their degree of obviousness” was a matter for consideratio…