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Sabo v George Weston Foods
[2009] VSCA 242
Citation 1
(Para 66)
…rments.[6] [5] See section 134AB(38)(c) of the Act [6] See Sabo v George Weston Foods [2009] VSCA 242 at [66]; Stijepic v. One Force Group Australia Pty Ltd & 25 On the authorities, decisions as to whether an injury is serious involve elements of fact, degree and value judgment.[7] A consequence may have a multipl…
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Stijepic v One Force Group Aust Pty Ltd
[2009] VSCA 181
Citation 2
…ts own facts.[13] [13] Stijepic v. One Force Group Australia Pty Ltd & Anor [2009] VSCA 181 29 I am entitled to take into account that the plaintiff is 46 years old and that, compared with other persons with lumbar spine impairments, he will experience these pain and suffering consequences for a longer period of t…
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Dwyer v Calco Timbers Pty Ltd (No 2)
[2008] VSCA 260
Citation 3
(Para 3)
…resigns himself to his injury.[15] [15] See Dwyer v Calco v Timbers (No. 2) [2008] VSCA 260, per Nettle JA at [3] 31 The endurance of permanent daily pain requiring frequent medication must, according to ordinary human experience, raise a real prospect of very serious consequence.[16] Findings and Reasons [16] Kel…
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Dwyer v. Calco Timbers (No.2)
[2008] VSCA 60
Citation 4
…e injury and what has been retained.[12] [11] Dwyer v. Calco Timbers (No.2) [2008] VSCA 60; Stijepic v. One Force Group Australia Pty Ltd & Anor [12] See Dwyer v. Calco Timbers (No.2) [2008] VSCA 60 at [27] 28 Each case needs to be determined in light of its own facts.[13] [13] Stijepic v. One Force Group Austral…
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Kelso v Tatiara Meat Co Pty Ltd
[2007] VSCA 267
Citation 5
…consequence.[16] Findings and Reasons [16] Kelso v Tatiara Meat Co Pty Ltd [2007] VSCA 267 32 I found the plaintiff to be a straightforward, understated witness and I accept his evidence as to the circumstances in which he injured his lumbar spine at work on 7 February 2006 and as to the pain and restrictions he…
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Sumbul v Melbourne All Toya Wreckers Pty Ltd
[2006] VSCA 292
Citation 6
…and this militates against the grant of leave.[1] [1] The Defendant also relied on the cases of Sumbul v Melbourne All Toya Wreckers Pty Ltd [2006] VSCA 292; 3 The plaintiff says that on 7 February 2006, he was conducting an informal stock take of the contents of the freezer. The freezer had boxes on the floor. W…
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Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 7
(Para 58)
…9 [7] Fleming v Hutchinson (1991) 66 ALJR 211 [8] See Grech v Orica Australia Pty Ltd [2006] VSCA 172 at [58] 9 See Grech v Orica Australia Pty Ltd [2006] VSCA 172 at [80] 10 See TAC v Dennis , [1998] 1 VR 702,703 per Callaway JA 26 Some weight must be given, in considering whether the pain and suffering consequen…
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Fleming v Hutchinson; Conroy v Veit
[1991] HCATrans 334
Citation 8
…he very considerable level in terms of pain and suffering. 9 [7] Fleming v Hutchinson (1991) 66 ALJR 211 [8] See Grech v Orica Australia Pty Ltd [2006] VSCA 172 at [58] 9 See Grech v Orica Australia Pty Ltd [2006] VSCA 172 at [80] 10 See TAC v Dennis , [1998] 1 VR 702,703 per Callaway JA 26 Some weight must be given,…