-
Primary Health Care Limited v Giakalis
[2013] VSCA 75
Citation 1
…d by Mandy AJA, with whom Chernov JA and Ashley JA agreed, was discussed by the Court of Appeal in Primary Health Care Limited v Giakalis [2013] VSCA 75. Having referred to the statement in Millard , Kaye AJA, with whom Weinberg JA and Vickery AJA agreed, stated as follows at paragraph 53:…
-
Hayes v Transport Accident Commission
[2010] VSCA 104
Citation 2
…e cause of action accrued on 13 July 1990. Reference is made to the decision of the Court of Appeal in Hayes v Transport Accident Commission (No 2) [2010] VSCA 104.…
-
Batistatos v Roads and Traffic Authority of New South Wales
[2006] HCA 27
Citation 3
…tersection as being of merit. I am reminded of the observation of Callinan J in Batistatos v Road and Traffic Authority of New South Wales & Anor [2006] HCA 27 in relation to similar arguments as to a roadways construction, alignment and the like as follows:…
-
Millard v State of Victoria
[2006] VSCA 29
Citation 4
…se of action until he has entered through the serious injury gateway – see Swannell & Anor v Farmer [1998] VSCA 104 and Millard v State of Victoria [2006] VSCA 29. It is then that his cause of action comes alive and the Act can be raised against him.…
-
Clark v McGuinness
[2005] VSCA 108
Citation 5
…ect of the outcome on each of them, is required. Prejudice to the TAC is a relevant factor, but is not determinative – see Clark v McGuinness [2005] VSCA 108 and Fisicaro .…
-
Dodoro v Knighting
[2004] VSCA 217
Citation 6
…98 Kaye AJA also referred to the earlier decision of Dodoro v Knighting (2004) 10 VR 277. In that case, at paragraph 23, Callaway JA ruled that a decision by a Judge of the County Court refusing leave to an applicant under s93 of the TA Act was interlocutory in nature. His Honour went on to say:…
-
Tsiadis v Patterson
[2001] VSCA 138
Citation 7
…Section 23A(3) then lists a number of factors, but this list is not exhaustive – see, for example, Lovejoy . As was said in Tsiadis v Patterson (2001) 4 VR 114 and in Bell v SPC Ltd [1988] VR 123, a number of competing considerations must be synthesised in arriving at a conclusion that takes account of them all, b…
-
Barlow v Hollis
[2000] VSCA 26
Citation 8
…court in the period July 1990 to July 1996, the plaintiff clearly would have succeeded in satisfying the test in Humphries v Poljak [1992] 2 VR 129 for pain and suffering consequences alone, bearing in mind his evidence in this application.…
-
Swannell v Farmer
[1998] VSCA 104
Citation 9
…3A of the Act. The plaintiff does not have a cause of action until he has entered through the serious injury gateway – see Swannell & Anor v Farmer [1998] VSCA 104 and Millard v State of Victoria [2006] VSCA 29. It is then that his cause of action comes alive and the Act can be raised against him.…
-
Brisbane South Regional Health Authority v Taylor
[1996] HCA 25
Citation 10
…ositive burden of demonstrating that the justice of the case requires the extension of time – see Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541. In the present case, there has been an attempt to shift the burden back to the TAC. An example of this relates to an explanation as to why, in the adm…
-
Van Gerven v Amaca Pty Ltd
[2012] VSC 131
Citation 11
…payment. No explanation has been given by it in relation to this. Finally, reference is made to the decision of Beach J in Van Gerven v Amaca Pty Ltd [2012] VSC 131, where a widow’s application for an extension of time was granted even though the events, the subject matter of the case, took place more than 50 yea…
-
Van Gerven v Amaca Ltd
[2010] VSC 236
Citation 12
…101 It is also clear that Beach J, consistent with an earlier ruling of Williams J in the same matter (see Van Gerven v Amaca Pty Ltd & Anor [2010] VSC 236), found that time began to run when Mr Van Gerven’s mesothelioma was diagnosed and Mr Van Gerven was told that his mesothelioma was caused by asbestos he had…
-
Lovejoy v Carp & Ors
[1999] VSC 223
Citation 13
…said at the outset that the period of delay, namely 22 years, is inordinate. Reference is made to the judgment of O’Bryan J in Lovejoy v Carp & Ors [1999] VSC 223. In that decision, there is reference to an unreported judgment of Young CJ in Tavsauli v Philip Morris (Australia) Ltd , delivered 18 September 1989.…
-
Fisicaro v Cannizzo Lau and Associates
[2009] VCC 795
Citation 14
…e evidentiary onus in relation to any prejudice which it may have suffered. Reference is made to the decision of Fisicaro v Cannizzo Lau & Associates [2009] VCC 795.…