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White v Stephens (trading as GNS Cabinet Makers)
[2022] VCC 656
…ween the neck and the shoulder but also extending into the head and down the left arm.[32] [30] [2022] VCC 656 [31] Supra (n 23) at paragraph 1 [32] Ibid at paragraph 161 79Judge Lauritsen found that an impairment affecting an area encompassing a shoulder, the adjacent side of the neck and part of the area betwee…
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Hofer v The Queen
[2021] HCA 36
…differences or inconsistencies in the accounts given and of the credit of witnesses where that is an issue.” [13] (1893) 6 R 67 at 70-71 [14] [2021] HCA 36…
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Victorian WorkCover Authority v Brassington
[2021] VSCA 236
…ring only Legislation Cited: Workplace Injury Rehabilitation and Compensation Act 2013 Cases Cited: Victorian WorkCover Authority v Brassington [2021] VSCA 236; Georgopoulos v Silaforts Painting Pty Ltd & Ors [2012] VSCA 179; Haden Engineering Pty Ltd v McKinnon (2010) 31 VR 1; Ellis Management Services Pty Ltd v…
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Blake Hooley v Transport Accident Commission
[2019] VSCA 263
…his life.[48] [48]See Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Hooley v Transport Accident Commission (2019) 90 MVR 407; [2019] VSCA 263 115I consider Mr Gresa Macpherson generally to be a stoic individual, [49] and this ought not be held against him. I do not view the consequences to Mr Gre…
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Lexa v Transport Accident Commission
[2019] VSCA 123
…plicant injured in a transport accident. As a result of the accident, the applicant suffered injuries in his shoulders among other injuries.[23] [22] [2019] VSCA 123 (‘ Lexa ’) [23] Ibid at paragraph [8] 74Mr Lexa submitted that his “two shoulder injuries may give rise to loss of a body function in the form of ina…
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Hooley v Transport Accident Commission
[2019] VCC 150
…ill bear that injury and its consequences for the rest of his life.[48] [48]See Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Hooley v Transport Accident Commission (2019) 90 MVR 407; [2019] VSCA 263 115I consider Mr Gresa Macpherson generally to be a stoic individual, [49] and this ought not be held against him. I do not vie…
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Carbone v Toyota Motor Corporation Australia Ltd
[2017] VSCA 249
…idents, the court referred to the applicant having sustained separate injuries “to separate body functions”. [27] [2017] VSCA 249 (‘ Carbone’ ) 77In Target Australia Pty Ltd v Moloney ,[28] the Court of Appeal determined that a body function denoted “a physical act or operation, not some ‘applied’ activity.”[29] […
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Jurukouski v Windsor Caravans Pty Ltd
[2015] VCC 1800
…f employment can cause two or more injuries, as can a single incident.” [45][2015] VCC 1800…
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Ellis Management Services Pty Ltd v Taylor
[2013] VSCA 326
…laforts Painting Pty Ltd & Ors [2012] VSCA 179; Haden Engineering Pty Ltd v McKinnon (2010) 31 VR 1; Ellis Management Services Pty Ltd v Taylor [2013] VSCA 326; Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Sutton v Laminex Group Pty Ltd (2011) 31 VR 100 Judgment: Leave granted to the plaintiff t…
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Georgopoulos v Silaforts Painting Pty Ltd
[2012] VSCA 179
…Compensation Act 2013 Cases Cited: Victorian WorkCover Authority v Brassington [2021] VSCA 236; Georgopoulos v Silaforts Painting Pty Ltd & Ors [2012] VSCA 179; Haden Engineering Pty Ltd v McKinnon (2010) 31 VR 1; Ellis Management Services Pty Ltd v Taylor [2013] VSCA 326; Stijepic v One Force Group Aust Pty Ltd &…
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Transport Accident Commission v Kamel
[2011] VSCA 110
…ement Services Pty Ltd v Taylor [2013] VSCA 326; Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Sutton v Laminex Group Pty Ltd (2011) 31 VR 100 Judgment: Leave granted to the plaintiff to commence a proceeding for pain and suffering damages.…
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Sutton v Laminex Group Pty Ltd
[2011] VSCA 52
…non (2010) 31 VR 1; Ellis Management Services Pty Ltd v Taylor [2013] VSCA 326; Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Sutton v Laminex Group Pty Ltd (2011) 31 VR 100 Judgment: Leave granted to the plaintiff to commence a proceeding for pain and suffering damages.…
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Haden Engineering Pty Ltd v McKinnon
[2010] VSCA 69
…2013 Cases Cited: Victorian WorkCover Authority v Brassington [2021] VSCA 236; Georgopoulos v Silaforts Painting Pty Ltd & Ors [2012] VSCA 179; Haden Engineering Pty Ltd v McKinnon (2010) 31 VR 1; Ellis Management Services Pty Ltd v Taylor [2013] VSCA 326; Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Sutton v Laminex Group…
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Tatiara Meat Co Pty Ltd v Kelso
[2010] VSCA 12
…Authority v Brassington [2021] VSCA 236; Georgopoulos v Silaforts Painting Pty Ltd & Ors [2012] VSCA 179; Haden Engineering Pty Ltd v McKinnon (2010) 31 VR 1; Ellis Management Services Pty Ltd v Taylor [2013] VSCA 326; Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Sutton v Laminex Group Pty Ltd…
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Stijepic v One Force Group Aust Pty Ltd
[2009] VSCA 181
…g Pty Ltd v McKinnon (2010) 31 VR 1; Ellis Management Services Pty Ltd v Taylor [2013] VSCA 326; Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181; Sutton v Laminex Group Pty Ltd (2011) 31 VR 100 Judgment: Leave granted to the plaintiff to commence a proceeding for pain and suffering damages.…
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Dwyer v Calco Timbers Pty Ltd (No 2)
[2008] VSCA 260
…consider, against a conclusion that his continuing pain, though not ‘disabling’, is nonetheless a matter of some significance.”[41] [40][2008] VSCA 260 [41] Ibid [24] 89His neck injury is permanent. 90I also accept the sequence of presentation of symptoms, being the emergence of symptoms in his neck, and left and…
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Cakir v Arnott's Biscuits Pty Ltd
[2007] VSCA 104
…be had to analysing and giving appropriate weight to all of the evidence, including objective evidence.[19] [18] [2007] VSCA 104 [19] Ibid [49]-[58] 58The evidence of Mr Gresa Macpherson was supplemented by that of two lay witnesses. 59Douglas Morrison, a friend of the plaintiff, swore an affidavit on 3 June 2022…
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Dordev v Cowan & Ors
[2006] VSCA 254
…ilio v Balliotis [1998] 3 VR 833; Barwon Spinners Pty Ltd & Ors v Podolak ( supra ) at paragraph [46]; Dordev v Cowan [2006] VSCA 254, [14]-[19] [17] Dordev v Cowan ( ibid ), [19] 56Even if a court determines that a plaintiff is not a reliable witness either in general or in respect of particular matters, this doe…
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Target Australia Pty Ltd v Moloney
[2000] VSCA 124
…ned that a body function denoted “a physical act or operation, not some ‘applied’ activity.”[29] [28] [2000] VSCA 124 (‘ Target ’) [29] Ibid [18] 78In White v Gregory and Nicole Stephens (trading as GNS Cabinet Makers) [30], the plaintiff injured his neck and left shoulder in a workplace accident.[31] There was ev…
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Lu v Mediterranean Shoes Pty Ltd
[2000] VSCA 65
…[20] (2000) 1 VR 511 72Beach, Kaye, and Osborn JJA agreed with the trial judge that the Mr Brassington was permitted to aggregate his injuries to establish serious injury by reference to an impairment of his right lower limb,[21] stating: “[46]In applying the provisions of s 325 of the Act in an application under…
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Barlow v Hollis
[2000] VSCA 26
…suggested that other doctors also “bundled them up together at all times”, including Mr Moaveni. [34] T8 [35] Humphries v Poljak [1992] 2 VR 129 [36] PCB 32 81In the alternative, following the opinion of Dr Ho – who had examined the plaintiff shortly after he ceased work in March 2015 and diagnosed a persis…
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[1998] VSCA 93
[1998] VSCA 93
…eight where the court determines that such a witness is not reliable”.[17] [16]For example Mobilio v Balliotis [1998] 3 VR 833; Barwon Spinners Pty Ltd & Ors v Podolak ( supra ) at paragraph [46]; Dordev v Cowan [2006] VSCA 254, [14]-[19] [17] Dordev v Cowan ( ibid ), [19] 56Even if a court determines that…