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Cases Citing This Decision
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Statutory Material Cited
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Puttick v Tenon Ltd
[2008] HCA 54
Citation 1
…Tenon Ltd [2008] HCA 54 (12 November 2008). It would seem to me a very rash step in the circumstances for a judge to conclude that the plaintiff’s claim on liability was necessarily hopeless and to refuse leave to the plaintiff to bring proceedings.…
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Papercorp Pty Ltd v Nicolaou
[2006] VSCA 143
Citation 2
…he requisite knowledge is of “serious injury incapacity” : Hurwood v State of Victoria (2005) VSCA 176 at para 11; Papercorp v Nicolaou [2006] VSCA 143 at para 33. Thus, the plaintiff must prove that he was unaware of such incapacity prior to 21 December 2004, being three years before he made his application for d…
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Zlateska v Consolidated Cleaning Services Pty Ltd
[2006] VSCA 141
Citation 3
…at that employment is a (my emphasis) cause of it, in accordance with the test set out in Zlateska v Consolidated Cleaning Services Pty Ltd [2006] VSCA 141 (7, July 2006). 5 The only issues between the parties are as follows: (i) Can the plaintiff prove that as at the date of the hearing his condition satisfies th…
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Hurwood v State of Victoria
[2005] VSCA 176
Citation 4
…injury was not known by him until after 12 November 1997? It is clear that the requisite knowledge is of “serious injury incapacity” : Hurwood v State of Victoria (2005) VSCA 176 at para 11; Papercorp v Nicolaou [2006] VSCA 143 at para 33. Thus, the plaintiff must prove that he was unaware of such incapacity prior to 21 December 20…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 5
…uence as recognised by the Court of Appeal in Hunter v Transport Accident Commission & Anor [2005] VSCA 1 and Turner v Love (1995) 21 MVR 314. Mr Collis submits that the plaintiff has “been to hell and back” over the past 14 years and his ongoing diminution of earning capacity and need for treatment proves that…
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Alcoa of Australia Ltd v McKenna
[2003] VSCA 182
Citation 6
…ralia v McKenna (2003) 8 VR 452. 87 There is no draft statement of claim before me. As I understand it, at least part of the plaintiff’s claim is that he only ever worked as a carpenter and had absolutely no training given to him in relation to the financial management of the business and was effectively “thrown i…