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Sandra Cozzi v The Australian Institute of Refrigeration, Air Conditioning and Heating (WorkCover)

Sandra Cozzi v The Australian Institute of Refrigeration, Air Conditioning and Heating (WorkCover)

Case [2015] VMC 29

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AGLC: Sandra Cozzi v The Australian Institute of Refrigeration, Air Conditioning and Heating (WorkCover) [2015] VMC 29
Case: [2015] VMC 29
Decision Date: 14 SEPTEMBER 2015

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Sandra Cozzi v The Australian Institute of Refrigeration, Air Conditioning and Heating (WorkCover) [2015] VMC 29

Cases Citing This Decision

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Statutory Material Cited

Ogden Industries Pty Ltd v Lucas [1967] HCA 30
Citation 1

…78. In Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537 Windeyer J said of the words, “recurrence, aggravation or acceleration of a pre-existing disease” at p 593:…
Federal Broom Co Pty Ltd v Semlitch [1964] HCA 34
Citation 2

…gravation ” of a previously existing injury by activity which increases or precipitates pain (see: Kitto J in Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 at p 634 and Commonwealth of Australia v Beattie (1981) 35 ALR 369, in particular, at 377-8 per Evatt & Sheppard JJ). I note too, in Beattie’s case that…
Jones v Dunkel [1959] HCA 9
Citation 3

…the absence of a report from Dr Laska. The defendant submitted that I should draw an adverse inference in accordance with the principle distilled in Jones v Dunkel (1959) 101 CLR 298. The effect in law of the principles expressed in this authority and others since, is where a party without explanation fails to call as…
Jones v Dunkel [1959] HCA 8
Citation 4

…a report from Dr Laska. The defendant submitted that I should draw an adverse inference in accordance with the principle distilled in Jones v Dunkel (1959) 101 CLR 298. The effect in law of the principles expressed in this authority and others since, is where a party without explanation fails to call as a witness a…
Commonwealth Banking Corporation v Percival [1988] FCA 240
Citation 5

…ive duties. Thus the aggravation was not a temporary or momentary thing. The point was explained in Commonwealth Banking Corporation v Percival (1988) 20 FCR 176 at p 179 to 180:…
Commonwealth of Australia v Beattie [1981] FCA 88
Citation 6

…ses or precipitates pain (see: Kitto J in Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 at p 634 and Commonwealth of Australia v Beattie (1981) 35 ALR 369, in particular, at 377-8 per Evatt & Sheppard JJ). I note too, in Beattie’s case that their Honours held that pain brought on by work activity may consti…

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