Dordev v Cowan & Ors

Dordev v Cowan is a case concerning a claim for accident compensation involving serious injury. The applicant, Dordev, sought compensation for pain and suffering and loss of earning capacity, which he claimed arose from an injury that was at least very considerable. The dispute was heard and determined in the Supreme Court of New South Wales. The primary issue before the court was whether the nature and consequences of the applicant's injury were such that the pain and suffering and loss of earning capacity were "at least very considerable". A secondary issue was the weight to be given to the video evidence in determining the credibility of the applicant and the gravity of the consequences of the injury.

The court examined the evidence and determined that the nature and consequences of the injury were difficult to establish, particularly given the disproportionate nature of the applicant's pain relative to the clinical findings. The court also considered the reliability of the medical evidence, where the applicant's credibility was in question. The court noted that objective medical evidence of injury was not determinative of the gravity of the consequences and that video evidence could be relevant to both the applicant's credit and the determination of "serious injury". However, the failure to produce a log relating to the video films meant that the court was unable to view the video evidence. The court concluded that it was difficult to overturn the judgment based on credit and considerations of fact, matters of degree and value judgment below. Ultimately, the court found that the applicant's injury did not meet the threshold of being "at least very considerable" and dismissed the application.