McMillan v Transport Accident Commission
Case
•
[2011] VCC 857
•6 May 2011 (Revised)
No judgment structure available for this case.
| IN THE COUNTY COURT OF VICTORIA | Revised |
Not Restricted
AT GEELONG
CIVIL DIVISION
DAMAGES AND COMPENSATION
SERIOUS INJURY DIVISION
Case No. CI-09-03578
| LEANNE MCMILLAN | Plaintiff |
| v | |
| TRANSPORT ACCIDENT COMMISSION | Defendant |
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| JUDGE: | HIS HONOUR JUDGE MISSO |
| WHERE HELD: | Geelong |
| DATE OF HEARING: | 3 and 4 May 2011 |
| DATE OF JUDGMENT: | 6 May 2011 (Revised) |
| CASE MAY BE CITED AS: | McMillan v Transport Accident Commission |
| MEDIUM NEUTRAL CITATION: | [2011] VCC 857 |
REASONS FOR JUDGMENT
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Catchwords: ACCIDENT COMPENSATION – Transport Accident Act 1986 – pre-existing significant injury to the lumbar spine – aggravation as a result of a transport accident – concession that the consequences of the transport accident were serious – second transport accident resulting in further aggravation – whether the consequences of the further aggravation were also serious: section 93(4) and (17)(a).
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| APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr C Harrison SC with | Petersons |
| Mr A McNab | ||
| For the Defendant | Mr D Myers with | Solicitor to the Transport |
| Mr S Scott | Accident Commission |
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