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Haden Engineering Pty Ltd v McKinnon
[2010] VSCA 69
Citation 1
…h and the disabling effect of the pain on the plaintiff’s physical capabilities (including capacity for work) and enjoyment of life.[57] [56] [2010] VSCA 69 [57] See Haden Engineering Pty Ltd ( op cit ) generally at paragraph [9] 54 I make the following findings of fact; (a) The plaintiff’s capacity for employmen…
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Sabo v George Weston Foods
[2009] VSCA 242
Citation 2
…j) of the Act [7] See Kelso v Tatiara Meat Company Pty Ltd (2007) 17 VR 592, at 628; Sabo v George Weston Foods [2009] VSCA 242, at paragraph [67] [8] See s.134AE of the Act and Church v Echuca Regional Health (2008) 20 VR 566, at paragraphs [89]-[92] • She is a forty year old (born 24 March 1971) single woman liv…
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Wenco Industrial Pty Ltd v WW Industries Pty Ltd
[2009] VSCA 191
Citation 3
…t of Appeal decisions: (a) Stijepic v One Force Group Aust Pty Ltd & Anor [46] wherein Ashley JA and Beach AJA, by way of dicta, stated: [46] [2009] VSCA 191 (delivered 14 August 2009) “… The emphasis in s 134AB (37)(c) and (d) is upon seeing where the facts of a particular case sit in the broad spectrum of cases,…
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Dwyer v Calco Timbers Pty Ltd (No 2)
[2008] VSCA 260
Citation 4
…(b) In Stijepic , Ashley JA and Beach AJA also referred to Dwyer v Calco Timbers Pty Ltd (No 2) [48] wherein it is stated: [48] [2008] VSCA 260 “… the significance of what has been lost, which bears upon the seriousness of consequences, may be informed, to an extent, by what is retained.”[49] [49] Dwyer ( op cit )…
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Church v Echuca Regional Health
[2008] VSCA 153
Citation 5
…Weston Foods [2009] VSCA 242, at paragraph [67] [8] See s.134AE of the Act and Church v Echuca Regional Health (2008) 20 VR 566, at paragraphs [89]-[92] • She is a forty year old (born 24 March 1971) single woman living with her mother. • following further education and training: She left school after completing Y…
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Kelso v Tatiara Meat Co Pty Ltd
[2007] VSCA 267
Citation 6
…es raised by the application.[8] [6] See s.134AB(38)(j) of the Act [7] See Kelso v Tatiara Meat Company Pty Ltd (2007) 17 VR 592, at 628; Sabo v George Weston Foods [2009] VSCA 242, at paragraph [67] [8] See s.134AE of the Act and Church v Echuca Regional Health (2008) 20 VR 566, at paragraphs [89]-[92] • She is a…
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Sumbul v Melbourne All Toya Wreckers Pty Ltd
[2006] VSCA 292
Citation 7
…(c) I also refer to the dicta of Chernov JA in Sumbul v Melbourne All Toya Wreckers Pty Ltd [50] wherein his Honour stated: [50] [2006] VSCA 292 “… If one accepts, as her Honour did, that the appellant is physically able to return to alternative employment, then, unless there was some other evidence that showed th…
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Dressing v Porter
[2006] VSCA 215
Citation 8
…nly concerned with whether or not the compensable injury contributes to the consequences claimed by the plaintiff. [58] [2006] VSCA 215 [59] [2009] VSC 454 58 Many of the consequences taken in isolation do not, in my view, satisfy the requisite test. However, I do consider that it is a significant loss to a single…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 9
…to succeed, the plaintiff must prove on the balance of probabilities that: [3] See s.134AB(1) of the Act and Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622, at paragraph [11] [4] See Barwon Spinners ( op cit ) at paragraph [33] [5] See s.134AB(38)(a) and (b) of the Act . This test is sometimes referred t…
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Acir v Frosster Pty Ltd
[2009] VSC 454
Citation 10
…ether or not the compensable injury contributes to the consequences claimed by the plaintiff. [58] [2006] VSCA 215 [59] [2009] VSC 454 58 Many of the consequences taken in isolation do not, in my view, satisfy the requisite test. However, I do consider that it is a significant loss to a single woman not being abl…