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Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 1
…tkovski v Galletti [1994] 1 VR 436, RJ Gilbertsons Pty Ltd v Skorsis (2000) 12 VR 386, and in general terms in Grech v Orica Australia Pty Ltd & Anor [2006] VSCA 172. It must also be said that establishing the existence of a pre-existing condition or neurosis has the potential to be “a double-edge sword”. What it…
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Ansett Australia Ltd v Taylor
[2006] VSCA 171
Citation 2
…less the type of approach adopted by Ashley JA, when dealing when dealing with the Accident Compensation Act 1985 in Ansett Australia & Anor v Taylor [2006] VSCA 171, can be of some assistance. In any event, the link between the incident of 14 November 2000 and the shoulder injury with its subsequent surgery was n…
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Spence v Gomez
[2006] VSCA 48
Citation 3
…ng the adoption of the Petkovski approach in certain circumstances that were expressed by Maxwell P in Spence & Transport Accident Commission v Gomez [2006] VSCA 48. 77 Suffice to say that, for the purposes of the present case, I shall bear in mind the state of the plaintiff’s health prior to the injury and I sha…
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R J Gilbertsons Pty Ltd v Skorsis
[2000] VSCA 51
Citation 4
…e taken into account. The approach to be adopted is discussed in cases such as Petkovski v Galletti [1994] 1 VR 436, RJ Gilbertsons Pty Ltd v Skorsis (2000) 12 VR 386, and in general terms in Grech v Orica Australia Pty Ltd & Anor [2006] VSCA 172. It must also be said that establishing the existence of a pre-existi…
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Barlow v Hollis
[2000] VSCA 26
Citation 5
…f paragraph (a) of the definition of serious injury contained in s.93(17) of the Act or to satisfy the tests set out in Humphries v Poljak [1992] 2 VR 129. My initial impression was that the success or failure of this application would hinge upon the plaintiff’s ability to satisfy the requirements of paragr…