Grace v Elmasri
[2009] VSCA 111
Citation 1
…o the question of whether the plaintiff had suffered a serious injury. In Grace v Elmasri and Transport Accident Commission [2009] VSCA 111, at paragraph 136, the Court of Appeal overturned the decision of the trial judge in denying a plaintiff serious injury where the trial judge considered that the plaintiff's c…
Dwyer v Calco Timbers Pty Ltd (No 2)
[2008] VSCA 260
Citation 2
…uch an applicant were treated less favourably than another who, being of less strength of character, simply resigned himself to his injury."[25] [24] [2008] VSCA 260 [25] at paragraph 3, and also the similar observations of Ashley JA at paragraphs 24-28…
Cakir v Arnott's Biscuits Pty Ltd
[2007] VSCA 104
Citation 3
…Transcript 59 [2007] VSCA 104…
Allsmanti Pty Ltd v Ernikiolis
[2007] VSCA 17
Citation 4
…lar functions could have been initiated.” [51] [50] [2005] VSCA 281 [51] At paragraph 42. In Allsmanti Pty Ltd v Ernikiolis [2007] VSCA 17, per Ashley JA, at paragraphs 47- 49, who observed that film and the plaintiff's presentation to examining medical practitioners was only part of the evidence in that case and…
Sumbul v Melbourne All Toya Wreckers Pty Ltd
[2006] VSCA 292
Citation 5
…it would ordinarily be difficult to conclude that the pain and suffering consequences of it are ‘at least very considerable’. …”[23] [22] [2006] VSCA 292 [23] at paragraph 24…
Forder v Hutchinson
[2005] VSCA 281
Citation 6
…some altered blood circulation in the brain, some disturbance of vestibular functions could have been initiated.” [51] [50] [2005] VSCA 281 [51] At paragraph 42. In Allsmanti Pty Ltd v Ernikiolis [2007] VSCA 17, per Ashley JA, at paragraphs 47- 49, who observed that film and the plaintiff's presentation to examini…
Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 7
…ment by 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 , at paragraph 33 [3] A consistent approach of Judges of the County Court – see, for example, De Pasquale v AW Dark Pty Ltd [200…
Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 8
…ion 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 , at paragraph 33 [3] A consistent approach of Judges of the County Court – see, for example, De Pasquale v AW Dark Pty Ltd [2005] VCC 158…