Haidar v Transport Accident Commission
[2016] VSCA 182
Citation 1
…d to more recently by the Court of Appeal in Papamanos v Commonwealth Bank of Australia [2014] VSCA 167 and in Haidar v Transport Accident Commission [2016] VSCA 182. Bearing the above in mind, I accept the plaintiff’s evidence, both oral and in his supporting affidavits, in relation to his pain, suffering and int…
Papamanos v Commonwealth Bank of Australia
[2014] VSCA 167
Citation 2
…This observation has been referred to more recently by the Court of Appeal in Papamanos v Commonwealth Bank of Australia [2014] VSCA 167 and in Haidar v Transport Accident Commission [2016] VSCA 182. Bearing the above in mind, I accept the plaintiff’s evidence, both oral and in his supporting affidavits, in relati…
Bezzina v Phi
[2012] VSCA 161
Citation 3
…52 In her closing submissions, Ms Ryan referred me to the decision of the Court of Appeal in Bezzina v Phi & Anor [2012] VSCA 161. That decision does not seem to me to be of great assistance to the defendant in the present case. In Bezzina , the plaintiff (appellant) suffered from pre-existing injuries of sufficie…
Haden Engineering Pty Ltd v McKinnon
[2010] VSCA 69
Citation 4
…In this regard, I would also refer to what was said by Maxwell P in Haden Engineering Pty Ltd v McKinnon [2010] 31 VR 1 as follows:…
Tatiara Meat Co Pty Ltd v Kelso
[2010] VSCA 12
Citation 5
…jury, he has additionally been taking Panadeine. He also uses Voltaren cream for his right knee daily. As was said in Tatiara Meat Co Pty Ltd v Kelso [2010] VSCA 12: “The endurance of permanent daily pain requiring frequent medication, must, according to ordinary human experience, raise a real prospect of a ‘very…
Dwyer v Calco Timbers Pty Ltd (No 2)
[2008] VSCA 260
Citation 6
…emains an employee of Scope. These are not matter which I count against him. As was said by Nettle JA in Dwyer v Calco Timbers Pty Ltd (No 2) [2008] VSCA 260: “… the appellant has been prepared to put up with his pain and suffering and get on with his business as best he can … it would be unfortunate, and in my vi…