Sabo v George Weston Foods
[2009] VSCA 242
Citation 1
…rt of Appeal decisions in Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181 and Sabo v George Weston Foods [2009] VSCA 242, at para 74. In both cases the plaintiff’s appeal was dismissed. 134 As the Court of Appeal stated in both cases, a determination of serious injury involves a value judgment in wh…
Stijepic v One Force Group Aust Pty Ltd
[2009] VSCA 181
Citation 2
…el for the defendant relied upon the recent Court of Appeal decisions in Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181 and Sabo v George Weston Foods [2009] VSCA 242, at para 74. In both cases the plaintiff’s appeal was dismissed. 134 As the Court of Appeal stated in both cases, a determination of…
Sumbul v Melbourne All Toya Wreckers Pty Ltd
[2006] VSCA 292
Citation 3
…ng the plaintiff’s impairment was not serious. 128 As Chernov JA observed in Sumbul v Melbourne All Toyota Wreckers Pty Ltd [2006] VSCA 292, it would ordinarily be difficult to conclude that the pain and suffering consequences were serious in circumstances where it is accepted that a plaintiff is physically capabl…
Dwyer v Calco Timbers Pty Ltd
[2006] VSCA 187
Citation 4
…t in which matters of fact, degree and degree and of impression are operative: see also Dwyer v Calco Timbers Pty Ltd [2006] VSCA 187, at 41 135 Counsel for the plaintiff relied upon the decision in Jarvis v Stone , one of the cases dealt with by the Court of Appeal in Humphries and Poljak [1992] 2 VR 129, where t…
Barlow v Hollis
[2000] VSCA 26
Citation 5
…external comparative basis against other possible impairments not necessarily in the same category: see Humphries v Poljak (1992) 2 VR 129, at 170, accepted by the Court of Appeal in Barlow v Hollis (2000) VSCA: see in particular Chernov JA at para 29. 121 The impairment must be permanent, in the sense that…