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Cases Citing This Decision
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Statutory Material Cited
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Johns v Oaktech Pty Ltd
[2020] VSCA 10
Citation 1
(Para 76)
…272 Ms French's credit is very much in issue as referred to in Johns v Oaktech Pty Ltd [2020] VSCA 10 at [76] as follows:-…
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Transport Accident Commission v Katanas
[2017] HCA 32
Citation 2
(Para 29)
…mindful of the difficulty in distinguishing injury, symptoms and consequences especially in mental injury cases such as this case (see, TAC v Katanas (2017) 262 CLR 550 at [29]).…
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Philippiadis v Transport Accident Commission
[2016] VSCA 1
Citation 3
(Para 112)
…t needs to be careful in considering the histories set out in medical reports (see, Woolworths v Warfe [2013] VSCA 22 at [112] and Philippiadis v TAC [2016] VSCA 1 at [105])…
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Woolworths Ltd v Warfe
[2013] VSCA 22
Citation 4
(Para 112)
…273Of course, a Court needs to be careful in considering the histories set out in medical reports (see, Woolworths v Warfe [2013] VSCA 22 at [112] and Philippiadis v TAC [2016] VSCA 1 at [105])…
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St Mary's School v Askwith
[2011] VSCA 90
Citation 5
(Para 12)
…271 Counsel for Ms French referred to the well-known decision in St Mary's School v Askwith [2011] VSCA 90 at [12]and [41]. Those principles were adopted by Justice Cavanough in Clarke v. National Mutual [2013] VSC 36 at [56] as follows:-…
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Federal Broom Co Pty Ltd v Semlitch
[1964] HCA 34
Citation 6
…s as to “exacerbation” and “aggravation” I refer to the well-known dicta of Kitto J and Windeyer J respectively in Federal Broom v Semlitch (1964) 110 CLR 626 at 634,637.…
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Pulling v Yarra Ranges Shire Council
[2018] VSC 248
Citation 7
(Para 78)
…r, the defendant carries the burden of proof in relation to the management action defence in s.40(1) of the Act (see Pulling v. Shire of Yarra Ranges [2018] VSC 248 at [78]).…
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Duoedge Pty Ltd v Leong
[2013] VSC 36
Citation 8
(Para 56)
…ecision in St Mary's School v Askwith [2011] VSCA 90 at [12]and [41]. Those principles were adopted by Justice Cavanough in Clarke v. National Mutual [2013] VSC 36 at [56] as follows:-…
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Kerridge v Monsfelt
[2009] VCC 154
Citation 9
…the theft of computer files. He raised other aspects relating to her alleged incapacity including a "Kerridge-type" defence (see, Kerridge v Monsfelt [2009] VCC 154).…