Advanced Wire & Cable Pty Ltd v Abdulle
[2009] VSCA 170
Citation 1
…est J in Acir v Frosster Pty Ltd [2009] VSC 454 (7 October 2009), at paragraph 147, and Advanced Wire & Cable Pty Ltd & VWA v Abdulle [2009] VSCA 170. 375 Accordingly, I grant leave to the plaintiff to bring proceeding for damages for loss of earning capacity and pain and suffering. 376 Having made this finding I…
Jayatilake v Toyota Motor Corporation Australia Ltd
[2008] VSCA 167
Citation 2
…309 What may be viewed as a slightly different approach to this issue was taken by Ashley JA in Jayatilake v Toyota Motor Corporation Australia Ltd [2008] VSCA 167, where his Honour said, at p.19: “A court might well be able to conclude, considering all the evidence, that on the probabilities the plaintiff has suf…
Zivolic v Hella Australia Pty Ltd
[2007] VSCA 142
Citation 3
…310 Redlich JA expressed a not dissimilar view to Ashley JA in the case of Zivolic v Hella Australia Pty Ltd [2007] VSCA 142, at p.19-20. In Redlich JA’s view, where there was evidence – “… consistent with the plaintiff having suffered both physical and psychiatric or psychological injury, if the nature of the med…
Mutual Cleaning and Maintenance Pty Ltd v Stamboulakis
[2007] VSCA 46
Citation 4
…onsidering the consequences of such bodily impairment as exists. 308 It was said by Maxwell P in Mutual Cleaning & Maintenance Pty Ltd v Stamboulakis (2007) 15 VR 649, at 652-3, that: “So far as the evidence allows, the court must identify and exclude from consideration, any pain and suffering consequences which ca…
Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 5
…ified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and G rech v Orica (2006) 14 VR 602 in reaching my conclusions.…
Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 6
…isregarded in paragraph (a) cases; (xii) I have applied the principles identified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and G rech v Orica (2006) 14 VR 602 in reaching my conclusions.…
Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 7
…I have applied the principles identified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and G rech v Orica (2006) 14 VR 602 in reaching my conclusions.…
Acir v Frosster Pty Ltd
[2009] VSC 454
Citation 8
…nerve is unrelated to the incident injury, it comes within the category of a supervening event which, as Forrest J in Acir v Frosster Pty Ltd [2009] VSC 454 (7 October 2009), held goes to the question of damages if it can be established that the plaintiff has a serious injury in relation to the claimed compensabl…