Paramasivam v Wheeler

Gaudron and Hayne JJ heard an appeal from the Supreme Court of Victoria in *Paramasivam v Wheeler*. The dispute concerned the appellant's claim for damages for personal injuries sustained in a motor vehicle accident. The primary issue was whether the appellant had suffered a "serious injury" as defined by section 134AB of the *Accident Compensation Act 1985* (Vic), which is a prerequisite for bringing a common law damages claim for injuries arising from a transport accident.

The court was required to determine whether the appellant's injuries met the threshold of "serious injury" as defined in the *Accident Compensation Act 1985* (Vic). Specifically, the court had to consider whether the appellant's injuries were of a nature that they had resulted in a "significant and permanent impairment of a physical or mental function" or a "permanent serious disfigurement," or if they had resulted in "severe mental or behavioural disturbance."

Their Honours applied the principles established in previous cases concerning the interpretation of "serious injury" under the Act. They examined the evidence presented regarding the appellant's injuries and their impact on his life, functions, and capacity. The court considered the degree of impairment and its permanence, as well as the severity of any mental or behavioural disturbances. The reasoning focused on whether the appellant's condition, viewed objectively, satisfied the statutory criteria for a serious injury, thereby entitling him to pursue a common law claim for damages.