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Cases Citing This Decision
3
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Museums Victoria v Susnjara
[2021] VSCA 166
Citation 1
…[2020] VCC 1128 (Judge Bowman)…
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Hughes v Director of Public Prosecutions (Ruling)
[2022] VCC 1852
Citation 2
…secutions v Selcuk [2008] VSC 37; Re Application by Commissioner of the Australian Federal Police [2013] VSC 686; Susnjara v Museums Victoria [2020] VCC 1128; State Insurance Regulatory Authority v Abdul-Rahman [2016] NSWCA 210; Block v Powercor Australia Ltd [2019] VSC 15; Paine v Loft [1953] VLR 601; Robinson v…
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Susnjara v Museums Victoria
[2022] VCC 1444
Citation 3
…uffered in different compensable circumstances Legislation Cited: Accident Compensation Act 1985 Cases Cited: Susnjara v Museums Victoria [2020] VCC 1128; Museums Victoria v Susnjara [2021] VSCA 166; Georgopoulos v Silaforts Painting Pty Ltd (2012) 37 VR 232; Pearson v Fremantle Harbour Trust (1929) 42 CLR 320; Ka…
Statutory Material Cited
0
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Georgopoulos v Silaforts Painting Pty Ltd
[2012] VSCA 179
Citation 1
…n same way (course of employment) – whether precluded from so doing by reason of earlier unsuccessful application in relation to wrists – Georgopoulos v Silaforts Painting Pty Ltd & Ors (2012) 34 VR 232 and earlier decision of this Court in same application – arguments concerning intention and operation of the legislation – factors to be considered.…
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Carr v Western Australia
[2007] HCA 47
Citation 2
…ms, rather than trying to impute some wish to be generous to one side or the other. In that regard, reference is made to Carr v Western Australia (2007) 232 CLR 138. Legislation dealing with conflicting interests should be interpreted without a bias one way or the other.…
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Barwon Spinners Pty Ltd & Ors v Podolak
[2005] VSCA 33
Citation 3
…mbs, but the concept of injury is entirely separate from the concept of impairment of a body function – see Barwon Spinners Pty Ltd & Ors v Podolak [2005] VSCA 33. Further, her Honour noted that the plaintiff was having some problems with his shoulders, this being a possible issue in relation to disentanglement.…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 4
…55 In the present case, the fact that the shoulders and wrists are both components of the upper limbs is of no moment. In Barwon Spinners v Podolak (2005) 14 VR 622, it was stated that the word “injury” does not refer to the impairment of a body function, but sub-section (1) speaks first and foremost of the plainti…
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Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 53
Citation 5
…21 At paragraph [26], reference was made to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, where, at paragraph [70], it was stated that a legislative instrument must be construed on the prima facie basis that its provisions are intended to give effect to harmonious goals.…
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Zickar v MGH Plastic Industries Pty Ltd
[1996] HCA 31
Citation 6
…62 The Act is beneficial legislation – see Zickar v NGH Plastic Industries Pty Ltd (1996) 187 CLR 310. The legislation is protective of basic rights, and should not be construed so as to narrow those rights unless a clear purpose to do so is evinced by Parliament – see Zickar at paragraph [3]. No such clear purpose i…
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Kruisselbrink v Nationwide Maintenance Services Pty Ltd
[2010] VSC 260
Citation 7
…substance, a compensable injury. Reference is also made to the decision of J Forrest J in Kruisselbrink v Nationwide Maintenance Services Pty Ltd [2010] VSC 260 at paragraphs [41] and [45]. It was there emphasised that, in a serious injury application, the attention of the Court is upon the specific injury, and i…
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Ly v RMS Distribution Services Pty Ltd
[2013] VCC 1821
Citation 8
…33 The plaintiff has also referred to the County Court decision of Ly v RMS Distribution Services Pty Ltd [2013] VCC 1821. Again, it was explicitly stated that no point was being taken which was akin to the argument now being put. The defendant specifically indicated to his Honour Judge Jordan that there was no po…
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Pollock, Elaine Rosevear v Tulloh, Bruce and Echuca
[2010] VCC 51
Citation 9
…53 Reference is made to the original decision in Georgopoulos v Silaforts Painting Pty Ltd & Worksafe Victoria [2010] VCC 51. In that case, it was decided that the relevant comparison involved which injuries formed the subject of the relevant applications. In the context of a further application with the same em…