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Dusan Zubic v PPG Industries Pty Ltd (WorkCover)

Dusan Zubic v PPG Industries Pty Ltd (WorkCover)

Case [2016] VMC 10

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AGLC: Dusan Zubic v PPG Industries Pty Ltd (WorkCover) [2016] VMC 10
Case: [2016] VMC 10
Decision Date: 20 May 2016

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Citations

Dusan Zubic v PPG Industries Pty Ltd (WorkCover) [2016] VMC 10

Most Recent Citation

Derks v CSR Virdian Ltd [2019] VMC 6

Cases Citing This Decision

Derks v CSR Virdian Ltd [2019] VMC 6
Citation 1

…VMC 21, Bucic v Arnej [2014] VMC 17, Zubic v PPG [2016] VMC 10, Bunney v Ryan Moves (MCV, Magistrate Saines, del. 5 April 2013) and Ozbilgi v Bradnams [2011] VSCA 210. 49In Ozbilgi the discussion as to accord and satisfaction was obviously obiter dicta to the main aspect in that decision. 50I do not see the rel…

Cases Cited

Statutory Material Cited

Laratae v Dean's Pty Ltd [2016] VSCA 71
Citation 1

…[7] See Laratae v Dean's Pty Ltd [2016] VSCA 71…
Sigiriya Capital Pty Ltd v Scanlon [2013] NSWCA 401
Citation 2 (Para 30)

…ory or of no effect: Chapmans Ltd v Australian Stock Exchange Ltd (1996) 67 FCR 402 at 411 (Lockhart and Hill JJ); Sigiriya Capital Pty Ltd v Scanlon [2013] NSWCA 401 at [30] (Leeming AJ, Meagher AJ and Sackville AJA agreeing). 53.In construing the Release therefore, and as I have stated, context is important. The…
Scaffidi v Perpetual Trustees Victoria Ltd [2011] WASCA 159
Citation 3 (Para 14)

…n once accrued had to be by deed under seal: McDermott v Black [1940] HCA 4; 63 CLR 161 at 176 (Starke J); Scaffidi v Perpetual Trustees Victoria Ltd [2011] WASCA 159; 42 WAR 59 at [14] per curiam. However, the common law also recognised that a cause of action could be discharged by an agreement for valuable consid…
International Air Transport Association v Ansett Australia Holdings Ltd [2008] HCA 3
Citation 4 (Para 1)

…Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 at [40]-[41] per curiam ; International Air Transport Association v Ansett Australia Holdings Ltd [2008] HCA 3; 234 CLR 151 at [8] (Gleeson CJ).…
Blue Moon Grill Pty Ltd v Yorkey's Knob Boating Club Inc [2006] QCA 253
Citation 5 (Para 20)

…eement by reference to pre-determined categories of accords. As Keane JA has observed in Blue Moon Grill Pty Ltd v Yorkey’s Knob Boating Club Inc [2006] QCA 253 at [20], it is important to focus on what the parties have agreed, rather than with the categorisation of that agreement as an accord and satisfaction, a…
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52
Citation 6 (Para 1)

…ACJ, Murphy and Deane JJ); Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; 218 CLR 451 at [22] per curiam; Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 at [40]-[41] per curiam ; International Air Transport Association v Ansett Australia Holdings Ltd [2008] HCA 3; 234 CLR 151 at [8] (Glee…
Pacific Carriers Ltd v BNP Paribas [2004] HCA 35
Citation 7 (Para 1)

…reement is intended to secure: Taylor v Johnson [1983] HCA 5; 151 CLR 422 at 428 (Mason ACJ, Murphy and Deane JJ); Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; 218 CLR 451 at [22] per curiam; Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 at [40]-[41] per curiam ; International Air Tran…
Taylor v Johnson [1983] HCA 5
Citation 8 (Para 1)

…the language they have used, the surrounding circumstances known to the parties and the objects the agreement is intended to secure: Taylor v Johnson [1983] HCA 5; 151 CLR 422 at 428 (Mason ACJ, Murphy and Deane JJ); Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; 218 CLR 451 at [22] per curiam; Toll (FGCT) P…
Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45
Citation 9

…(c) The plaintiff is precluded from bringing this action pursuant to the principals [sic] as set out in Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45. (d) The plaintiff continues to be entitled to reasonable medical and like expenses under various claims for the accepted injuries to the right shoul…
Henderson v Henderson [1948] HCA 15
Citation 10 (Para 24)

…of Melbourne v Anshun Pty Ltd (1981) 147 CLR 589 the High Court addressed the “extended principle” expressed by Sir James Wigram V.C. in Henderson v Henderson (1843) 3 Hare, at p 115 as follows:…
McDermott v Black [1940] HCA 4
Citation 11

…43.The common law rule was that the release of a cause of action once accrued had to be by deed under seal: McDermott v Black [1940] HCA 4; 63 CLR 161 at 176 (Starke J); Scaffidi v Perpetual Trustees Victoria Ltd [2011] WASCA 159; 42 WAR 59 at [14] per curiam. However, the common law also recognised that a caus…
Blair v Curran [1939] HCA 23
Citation 12 (Para 36)

…n relation to appreciating the distinction between res judicata and issue estoppel, a good place to commence is with the decision in Blair v Curran (1939) 62 CLR 464 at 531 in which Dixon J compared and contrasted the two and said:…
Bartlett v Mouncey [1998] FCA 418
Citation 13

…46.In Osborn v McDermott [1998] 3 VR 1, Phillips JA (Winneke P and Charles JA agreeing) explained (at 8) the traditional dichotomy: “ Where there is an accord and satisfaction, the agreement for compromise may be enforced, and indeed only that agreement may be enforced, because ex hypothesi the previous c…
Chapmans Ltd v Australian Stock Exchange Ltd [1996] FCA 738
Citation 14

…a court will strain against an interpretation that renders a particular clause nugatory or of no effect: Chapmans Ltd v Australian Stock Exchange Ltd (1996) 67 FCR 402 at 411 (Lockhart and Hill JJ); Sigiriya Capital Pty Ltd v Scanlon [2013] NSWCA 401 at [30] (Leeming AJ, Meagher AJ and Sackville AJA agreeing). 53.In…
Derks v R and J Fibreglass Pty Ltd [2009] VSC 601
Citation 15 (Para 26)

…nt, difficulties can arise in determining what questions were concluded by consent. This was discussed by Beach J in Derks v R&J Fibreglass Pty Ltd [2009] VSC 601 (see para.20). At paragraph 33 His Honour stated that " ordinarily one would think that in order to work out what was or was not in issue in a particul…

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