Jayatilake v Toyota Motor Corporation Australia Ltd
[2008] VSCA 167
Citation 1
…242 What may be viewed as a slightly different approach to this issue was taken by Ashley JA in Jayatilake v Toyota Motor Corporation Australia Ltd [2008] VSCA 167, where His Honour said, at p.19: “A court might well be able to conclude, considering all the evidence, that on the probabilities the plaintiff has suf…
Zivolic v Hella Australia Pty Ltd
[2007] VSCA 142
Citation 2
…243 Redlich JA expressed a not dissimilar view to Ashley JA in the case of Zivolic v Hella Australia Pty Ltd [2007] VSCA 142, at p.19-20. In Redlich JA’s view, where there was evidence – “… consistent with the plaintiff having suffered both physical and psychiatric or psychological injury, if the nature of the med…
Mutual Cleaning and Maintenance Pty Ltd v Stamboulakis
[2007] VSCA 46
Citation 3
…onsidering the consequences of such bodily impairment as exists. 241 It was said by Maxwell P in Mutual Cleaning & Maintenance Pty Ltd v Stamboulakis (2007) 15 VR 649, at 652-3, that: “So far as the evidence allows, the court must identify and exclude from consideration, any pain and suffering consequences which ca…
Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 4
…ychiatric impairment – abnormal illness behaviour – pain and suffering – loss of earning capacity – causation – Grech v Orica Pty Ltd (2006) 14 VR 602.…
Veljanovska v Socobell OEM Pty Ltd
[2005] VSCA 227
Citation 5
…a severe behavioural disorder pursuant to sub paragraph (c) if the grounds set out by Ashley JA in Veljanovska v Socobell Oem Pty Ltd [2005] VSCA 227, when he made such a finding in relation to chronic pain syndrome, can be established. 269 The issue is whether the plaintiff can establish a sufficient causal link…
Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 6
…gically based are to be wholly disregarded in paragraph (a) cases; (x) I have applied the principles identified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and Grech v Orica Pty Ltd (2006) 14 VR 602 in reaching my conclusions.…
Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 7
…ed in paragraph (a) cases; (x) I have applied the principles identified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and Grech v Orica Pty Ltd (2006) 14 VR 602 in reaching my conclusions.…
Barlow v Hollis
[2000] VSCA 26
Citation 8
…n the same category: see Humphries v Poljak [1992] 2 VR 129, at 170, and accepted by the Court of Appeal in Barlow v Hollis [2000] VSCA 26: see in particular Chernov JA at para 29. 237 S.134AB(38)(h) of the Act provides that “the psychological or psychiatric consequences of a physical injury are to be taken into…