Victorian WorkCover Authority v Hartley
[2010] VSCA 74
Citation 1
…only one claim should be made for injuries “arising out of the same event or circumstance”: (see Victorian WorkCover Authority v Raymond Hartley [2010] VSCA 74; Ali Kaya v Donna Rosa Foods Pty Ltd (unreported decision of Magistrate S Garnett delivered on 5 October 2008, Melbourne Magistrates’ Court Case No. U027…
Gibbons v Wright
[1954] HCA 17
Citation 2
…t [85]-[100], which dealt with the testamentary capacity of a deceased. Further, the Court was referred to the matter of Gibbons v Wright (1954) 91 CLR 423 dealing with a plea of non est factum that a contract is void through lack of mental capacity at the time of making an alleged contract.…
Mynott v Barnard
[1939] HCA 13
Citation 3
…fendants submits that contractual principles are not relevant to a compensation claim and refers to the well known decision of Mynott & Ors v Barnard (1939) 62 CLR 68 at page 91 whereat the High Court made clear that workers compensation is a liability neither in tort law nor contract but rather is annexed to a rel…
McLaughlin v Daily Telegraph Newspaper Co Ltd (No 2)
[1904] HCA 51
Citation 4
…and (b) that the other party either knew or ought to have known of the impairment (see generally McLaughlin v Daily Telegraph Newspaper Co Ltd (No 2) (1904) 1 CLR 243, per Griffiths CJ at 272; In Estate of Doull (1881) 7 VLR 70; Tremills v Benton (1892) 18 VLR 607 and Gibbons v Wright (1954) 91 CLR 423 at 437-438).…
Nicholson v Knaggs
[2009] VSC 64
Citation 5
(Para 85)
…ment and Unfitness to be Tried ) Act 1997 which was said to have “application”. Furthermore, the Court was referred to Nicholson v Knaggs [2009] VSC 64 at [85]-[100], which dealt with the testamentary capacity of a deceased. Further, the Court was referred to the matter of Gibbons v Wright (1954) 91 CLR 423 deal…