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Statutory Material Cited
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Guppy v Victorian WorkCover Authority
[2010] VSCA 164
Citation 1
…inciples in Petkovski v Galletti [1994] 1 VR 436 apply. 174 In the recent Court of Appeal decision in Guppy v Victorian WorkCover Authority [2010] VSCA 164, the Court held that while it was clearly appropriate for the learned Judge to follow Petkovski v Galletti (in a s.134AB application), there was no inconsisten…
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Tatiara Meat Co Pty Ltd v Kelso
[2010] VSCA 12
Citation 2
…njury on a pain and suffering basis. In this regard, reliance was also placed on Tatiara Meat Company Pty Ltd v Kelso [2010] VSCA 12. 193 Whilst the ability to return to work post injury is a relevant consideration when judging the seriousness of an impairment, each case must be looked at in light of its own fact…
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Sumbul v Melbourne All Toya Wreckers Pty Ltd
[2006] VSCA 292
Citation 3
…y. 192 Counsel for the defendant relied upon the decision of Chernov AJ in Sumbul Melbourne All Toya Wreckers Pty Ltd [2006] VSCA 292 at paragraph 23. It was submitted that without other evidence where, such as in this case, the plaintiff was working full time after injury, it would be difficult to establish serio…
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Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 4
…nciples identified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and in Grech v Orica Pty Ltd & Anor (2006) 14 VR 602 in reaching my conclusions. 12 The plaintiff relied upon three affidavits and he was cross-examined. In addition, both parties relied on medical reports and othe…
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Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 5
…of body function, mental or behavioural disturbances or disorders. 11 I have applied the principles identified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and in Grech v Orica Pty Ltd & Anor (2006) 14 VR 602 in reaching my conclusions. 12 The plaintiff relied upon three affidavits and he was cross-examine…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 6
…disturbances or disorders. 11 I have applied the principles identified by the Court of Appeal in Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622 and in Grech v Orica Pty Ltd & Anor (2006) 14 VR 602 in reaching my conclusions. 12 The plaintiff relied upon three affidavits and he was cross-examined. In addi…
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Ogden Industries Pty Ltd v Lucas
[1967] HCA 30
Citation 7
…ed an injury to his right knee in the incident. 166 Counsel for the defendant relied upon the High Court decision of Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537, approved by Ashley AJ in Grech v Orica Australia Pty Ltd & Anor ( supra ). 167 In Ogden ( supra ), the Court considered the definition of injury und…