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Kozma Engineering Pty LTDand Victorian WorkCover Authority v Maria Pupic
[2009] VSCA 313
Citation 1
…dical panel relevant to statutory benefits is binding upon the court pursuant to section 68(4) of the Act – Kozma Engineering Pty Ltd v Pupic [2009] VSCA 313 – whether the pain and suffering consequences were least very considerable – whether the loss of earning capacity consequences were very considerable – wheth…
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Advanced Wire & Cable Pty Ltd v Abdulle
[2009] VSCA 170
Citation 2
…agraph 11 [2] Barwon Spinners Pty Ltd & Ors v Podolak , at paragraph 33 [3] Advanced Wire & Cable Pty Ltd v Abdulle [2009] VSCA 170 [4] (1994) 1 VR 436 8 I am required by section 134AE to give detailed reasons which are as extensive and complete as the Court would give on the trial of an action and in doing so to…
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Grace v Elmasri
[2009] VSCA 111
Citation 3
…paragraphs 47-49; Cakir v Arnott [2007] VSCA 104, per Neave JA, at paragraph 47; and Grace v Elmasri & Transport Accident Commission [2009] VSCA 111, the Court, at paragraph 136 55 The evidence which I have analysed leads me to conclude that the plaintiff did suffer an injury to her right shoulder which developed…
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Jayatilake v Toyota Motor Corporation Australia Ltd
[2008] VSCA 167
Citation 4
…s a result of the injury. [65] [2006] VSCA 180, per Bell AJA, at paragraphs 69-70 [66] [2007] VSCA 142, per Redlich AJA, at paragraph 64 [67] [2008] VSCA 167, per Ashley JA, at paragraphs 20-24 95 On the basis that I prefer the opinions of Dr Ristevski, Mr King and Mr Brearley, then no so-called disentangling is r…
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Zivolic v Hella Australia Pty Ltd
[2007] VSCA 142
Citation 5
…suffering consequences which she contends have arisen as a result of the injury. [65] [2006] VSCA 180, per Bell AJA, at paragraphs 69-70 [66] [2007] VSCA 142, per Redlich AJA, at paragraph 64 [67] [2008] VSCA 167, per Ashley JA, at paragraphs 20-24 95 On the basis that I prefer the opinions of Dr Ristevski, Mr Kin…
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Cakir v Arnott's Biscuits Pty Ltd
[2007] VSCA 104
Citation 6
…sideration should be answered. [29] Allsmanti Pty Ltd v Ernikiolis [2007] VSCA 17, per Ashley JA, at paragraphs 47-49; Cakir v Arnott [2007] VSCA 104, per Neave JA, at paragraph 47; and Grace v Elmasri & Transport Accident Commission [2009] VSCA 111, the Court, at paragraph 136 55 The evidence which I have analyse…
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Allsmanti Pty Ltd v Ernikiolis
[2007] VSCA 17
Citation 7
…all the evidence in determining how a question which arises for consideration should be answered. [29] Allsmanti Pty Ltd v Ernikiolis [2007] VSCA 17, per Ashley JA, at paragraphs 47-49; Cakir v Arnott [2007] VSCA 104, per Neave JA, at paragraph 47; and Grace v Elmasri & Transport Accident Commission [2009] VSCA 1…
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Pope v WS Walker & Sons Pty Ltd
[2006] VSCA 227
Citation 8
…efits, it was not binding. The trial judge referred to Pope v Walker & Sons Pty Ltd [21] as authority for that proposition. [20] [2009] VSCA 313 [21] (2006) 14 VR 435 36 The Court of Appeal disposed of the submission by approving of the reasoning of the trial judge, and approving of the ratio in Pope v Walker & Son…
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Shock Records Pty Ltd v Jones
[2006] VSCA 180
Citation 9
…f her work, and whether it is the cause of the pain and suffering consequences which she contends have arisen as a result of the injury. [65] [2006] VSCA 180, per Bell AJA, at paragraphs 69-70 [66] [2007] VSCA 142, per Redlich AJA, at paragraph 64 [67] [2008] VSCA 167, per Ashley JA, at paragraphs 20-24 95 On the…
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Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 10
…ties on which the plaintiff was engaged materially contributed to the occurrence of her injuries.[47] [47] Grech v Orica Australia Pty Ltd & Anor [2006] VSCA 172, per Ashley JA, at paragraphs 51-78 71 I do not consider it necessary, therefore, to determine whether the incident of 3 August 2005 occurred in precisel…
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Ansett Australia Ltd v Taylor
[2006] VSCA 171
Citation 11
…cceptance of liability was an admission of significance consistent with what Ashley JA said in Ansett Australia Ltd & Anor v Taylor [2006] VSCA 171 (31 August 2006 ) 56 That evidence also leads me to conclude that the attack upon the plaintiff's reliability as a witness is partly ill-founded. My reasons for qualif…
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Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 12
…comparing the plaintiff’s condition before and after that injury: see Petkovski v Galletti. [4] [1] S.134AB(1), and Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622, at paragraph 11 [2] Barwon Spinners Pty Ltd & Ors v Podolak , at paragraph 33 [3] Advanced Wire & Cable Pty Ltd v Abdulle [2009] VSCA 170 [4] (1994) 1 VR 436 8 I am require…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 13
…re and after that injury: see Petkovski v Galletti. [4] [1] S.134AB(1), and Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622, at paragraph 11 [2] Barwon Spinners Pty Ltd & Ors v Podolak , at paragraph 33 [3] Advanced Wire & Cable Pty Ltd v Abdulle [2009] VSCA 170 [4] (1994) 1 VR 436 8 I am required by secti…