Capper v Munday Sales Pty Ltd & Anor

In the Supreme Court of Victoria, the case of Capper v Munday Sales Pty Ltd & Anor was heard, involving the plaintiff, Capper, who sought leave to recover damages for pain and suffering and loss of earnings due to a work-related permanent serious impairment of his non-dominant left hand. The defendants conceded that the consequences of the injury were serious, but the primary legal issue was whether the plaintiff was required to meet the requirements of section 134(38)(g) of the Accident Compensation Act 1985.

The court considered whether Capper, who was under 26 years of age at the date of injury, was subject to the statutory requirements of section 134(38)(g), which deals with the assessment of serious injury. The court examined relevant precedents, including Barwon Spinners & Ors v Podolak, State of Victoria v Rattray, State of New South Wales v Moss, and Jarvis v Woolworths Limited, to determine the applicability of these statutory provisions to Capper's circumstances. The court also considered the legislative intent behind the provisions and whether they were applicable to Capper’s situation.

The Supreme Court concluded that the statutory provisions did not apply to Capper due to his age at the time of injury. The court found that Capper met the criteria for serious injury as per the common law and did not need to satisfy the additional statutory requirements. Therefore, the court granted leave to the plaintiff to recover damages for pain and suffering and loss of earnings.