Ozbilgi v Bradnams Windows & Doors Pty Ltd
[2011] VSCA 210
Citation 1
…In this regard, I would refer to the Judgment of the Court of Appeal in Ozbilgi v Bradnams Windows and Doors Pty Ltd [2011] VSCA 210. The circumstances in that case have some similarity to those in the present matter. In dealing with arguments that had been advanced by the appellant, Warren CJ stated as follows:…
Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (No 3)
[2001] FCA 1861
Citation 2
…117 The plaintiff also relies upon the decision in ACCC v Australian Safeway Stores (No 3) [2001] FCA 1861 in which Goldberg J stated:…
Port of Melbourne Authority v Anshun Pty Ltd
[1981] HCA 45
Citation 3
…fter the incapacity arising from the injury became known. It also refers to the principles enunciated in Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45. It further alleges that accord and satisfaction with respect to all the injuries referred to in paragraph 6 of the Statement of Claim exists because…
Derks v R and J Fibreglass Pty Ltd
[2009] VSC 601
Citation 4
…Compensation Act 1985. The legislation is intended to be beneficial. Reliance is also placed upon the decision in Derks v R & J Fibreglass Pty Ltd [2009] VSC 601 and upon Fuat .…
AMP Workers Compensation Services Ltd v Chalkley
[1998] VSC 29
Citation 5
…114 Next, the plaintiff relies upon the decisions of AMP Workers Comp Services Ltd v Chalkley [1998] VSC 29 and Perkins v GIO Workers’ Compensation (Vic) Ltd [1995] VCC 37. Accord and satisfaction should not apply to workers compensation matters, such as the current proceeding. The legislature did not intend tha…
Fuat v OneSteel Ltd
[2010] VCC 584
Citation 6
…101 There are marked differences between the situation in the present case and that in Fuat v One Steel Ltd [2010] VCC 584. In the present case, there is no evidence of a deterioration in the plaintiff’s condition or any incapacity flowing from it. In the present case, there has been no change which would entitle…