Rowe v Transport Accident Commission
[2017] VSCA 377
Citation 1
…r loss of earning capacity. 4.Further, Ms Kaye directed my attention to the decision of the Court of Appeal in Rowe v Transport Accident Commission [2017] VSCA 377. In that case, it was said that conditions, symptoms or consequences that arise later in time, and perhaps after a later trauma, may be relevant if tho…
Haidar v Transport Accident Commission
[2016] VSCA 182
Citation 2
…ecently by the Court of Appeal in Papamanos v Commonwealth Bank of Australia [2014] VSCA 167 and in Hairdar v Transport Accident Commission [2016] VSCA 182. As earlier stated, I regard the plaintiff as being an honest and reliable witness. I accept both his oral evidence and what is contained in his affidavits. (b…
Papamanos v Commonwealth Bank of Australia
[2014] VSCA 167
Citation 3
…reat importance …” 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 Hairdar v Transport Accident Commission [2016] VSCA 182. As earlier stated, I regard the plaintiff as being an honest and reliable witness. I accept bot…
AG Staff Pty Ltd v Filipowicz; Arnold Ribbon Co Pty Ltd v Filipowicz
[2012] VSCA 60
Citation 4
…nt threshold. 2.Ms Kaye also referred to the decision of the Court of Appeal in AG Staff Pty Ltd v Filipowicz ; Arnold Ribbon Co Pty Ltd v Filipowicz [2012] VSCA 60. The consequences of the two injuries arising from the separate incidents cannot be accumulated and the consequences of the injury under consideratio…
Tatiara Meat Co Pty Ltd v Kelso
[2010] VSCA 12
Citation 5
…t that the plaintiff had described persistent degenerative pain. 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 considerable’ consequence.” (d)When s…
Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 6
…challenged by Mr Harrison. Ms Kaye directed my attention to what was said in the Court of Appeal decision of Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 at page 638 and 639, where it said, in essence, that there should be identification of the relevant injury, identification of the impairment arising…