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Statutory Material Cited
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Dordev v Cowan & Ors
[2006] VSCA 254
Citation 1
…Medical Opinion in Relation to Capacity 339 I am mindful of what was said by the Court of Appeal in Dordev v Cowan (2006) VSCA 254 in relation to a plaintiff’s credit in this type of case. As Chernov JA said at paragraph 14 of his judgment, a plaintiff’s credibility is relevant not only to whether his evidence should be…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 2
…flexibility of employment and his career opportunities had been limited - at paragraph 43. 322 Further, in Hunter v Transport Accident Commission [2005] VSCA 1, Nettle JA, at paragraph 34, referred to loss of career as being relevant to the severity of an injury.…
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Barlow v Hollis
[2000] VSCA 26
Citation 3
…on an external comparative basis against possible impairments not necessarily in 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) 30 MVR 441. See in particular Chernov JA at paragraph 29. 7 The judgment of the Court of Appeal in…
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Acir v Frosster Pty Ltd
[2009] VSC 539
Citation 4
…er for trial. The issue of capacity is one that I am required to deal with. 310 Forrest J made a similar finding in Acir v Frosster Pty Ltd [2009] VSC 539 when considering an economic loss in a serious injury under the Accident Compensation Act . 311 However, it is clear from Forrest J’s judgment that the plainti…