Sabo v George Weston Foods
[2009] VSCA 242
Citation 1
…gment.[8] [7] S.134AB(38)(j) of the Act [8] See Kelso v Tatiara Meat Company Pty Ltd [2007] 17 VR 592, at 628; Sabo v George Weston Foods [2009] VSCA 242, at paragraph [67]…
Stijepic v One Force Group Aust Pty Ltd
[2009] VSCA 181
Citation 2
(Para 42)
…es which do not end up in litigation – because, it may be supposed, the consequences are glaringly apparent one way or the other. … .”[5] [4] [2009] VSCA 181 [5] at [42]…
Advanced Wire & Cable Pty Ltd v Abdulle
[2009] VSCA 170
Citation 3
(Para 63)
…ng capacity).[18] [16] S.134AB(38)(b) and (c) [17] S.134AB(38)(e), (f) and (g) [18] Advanced Wire & Cable Pty Ltd & VWA v Abdulle [2009] VSCA 170, at [63] 79 Accordingly, it is appropriate for me to look first at the various tests for loss of earning capacity which must be satisfied by the plaintiff.…
Jayatilake v Toyota Motor Corporation Australia Ltd
[2008] VSCA 167
Citation 4
(Para 143)
…y is a simple musculoligamentous strain as described by Ashley JA in Jayatilake v Toyota Motor Corporation Australia Ltd . [11] [2008] VSCA 167 at [143] 63 Further, counsel for the defendant referred to West v Pacific-Rim Printing Pty Ltd .[12] The medical evidence in that case was different to the evidence in thi…
Mutual Cleaning and Maintenance Pty Ltd v Stamboulakis
[2007] VSCA 46
Citation 5
(Para 2)
…Mutual Cleaning & Maintenance Pty Ltd v Stamboulakis [2007] VSCA 46, Jayatilake at [143] and [144]…
Dwyer v Calco Timbers Pty Ltd
[2006] VSCA 187
Citation 6
…ition, the court must be satisfied that the consequences are “more than significant or marked”. [19] Humphries v Poljak (1992) 2 VR 129, 167; Dwyer v Calco Timbers Pty Ltd (2006) VSCA 187, at [41] 83 The plaintiff has sustained an injury to her back. The consequences of that impairment are that she suffers chronic pain, she can no lon…
Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 7
…er s.134AB(38)(b) of the Act , the term “serious” is to be: [2] S.134AB(1) of the Act and Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622, at paragraph [11] [3] Barwon Spinners (ibid) at paragraph [33] “… satisfied by reference to the consequences to the worker of any impairment or loss of a body function…
West v Pac-Rim Printing Pty Ltd
[2003] VSCA 68
Citation 8
…rs, including medico-legal, have accepted that she has an organic complaint as distinct from a psychological basis.13 14 [12] [2003] VSCA 68 64 I accept that I must distinguish between pain and suffering consequences that are organic from those that are psychological in nature. 65 The doctors disagreed on whether…
Acir v Frosster Pty Ltd
[2009] VSC 454
Citation 10
(Para 157)
…injury, it would not necessarily be an equivalent or parallel comparison: see Acir v Frosster Pty Ltd .[21] [21] [2009] VSC 454 at [157] 95 The plaintiff’s current earnings from personal exertion are nil. 96 I accept that the injuries suffered have destroyed the plaintiff’s capacity to engage in suitable employm…