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Cases Citing This Decision
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Statutory Material Cited
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 1
…16 His Honour had earlier been referring to the well-known case of Barwon Spinners v Podolak (2005) 14 VR 622. His Honour’s observations support the proposition that the date of injury is not something that can be so constricted in any serious injury application. What has to be determined is whether the injury is a…
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Brambles Ltd v Wail
[2002] VSCA 150
Citation 2
…lso made to the decision of Beach J in Harvey v Methodist Ladies College [2008] VSC 425. Reference is further made to the decision in Brambles v Wail [2002] VSCA 150. The issue of employment circumstances is irrelevant. No restriction exists in relation to the date of injury. What the Authority is asked to conside…
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Gilford v Freshmore (Vic) Pty Ltd
[2012] VSC 191
Citation 3
…52 A case that is substantially similar to that now before the Court is Gilford v Freshmore (Vic) Pty Ltd [2012] VSC 191, being a decision of Hargrave J. In that case, the plaintiff was alleging that he sustained injury to the back when lifting a heavy load of reinforced steel on a particular date in July 2003. H…
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Matthews v SPI Electricity Pty Ltd (Ruling No 6)
[2012] VSC 70
Citation 4
…lowed to amend at this late stage. In this regard, reference is made to the Ruling of J Forrest J in Matthews v SPI Electricity Pty Ltd (Ruling No 6) [2012] VSC 70, which Ruling in turn refers to the decision of Vickery J in Namberry Craft Pty Ltd v Watson [2011] VSC 136. In paragraph 32 of Matthews , his Honour…
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Georgopoulos v Silaforts Painting Pty Ltd
[2012] VSC 56
Citation 5
…65 In Gilford , Hargrave J relied upon the Judgment of Kaye J in Georgopoulos v Silaforts Painting Pty Ltd and Ors [2012] VSC 56. However, the matter of Georgopoulos went to the Court of Appeal and the decision of Kaye J was overturned. Given that the Court of Appeal found that Kaye J had erred, the reliance by…
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Namberry Craft Pty Ltd v Watson
[2011] VSC 136
Citation 6
…ws v SPI Electricity Pty Ltd (Ruling No 6) [2012] VSC 70, which Ruling in turn refers to the decision of Vickery J in Namberry Craft Pty Ltd v Watson [2011] VSC 136. In paragraph 32 of Matthews , his Honour sets out the relevant factors as summarised by Vickery J in Namberry .…
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Kruisselbrink v Nationwide Maintenance Services Pty Ltd
[2010] VSC 260
Citation 7
…15 In Kruisselbrink v Nationwide Maintenance Services Pty Ltd [2010] VSC 260, J Forrest J made findings which are applicable to the present situation. At paragraph 41, he stated as follows:…
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Harvey v Methodist Ladies College
[2008] VSC 425
Citation 8
…22 Reference is also made to the decision of Beach J in Harvey v Methodist Ladies College [2008] VSC 425. Reference is further made to the decision in Brambles v Wail [2002] VSCA 150. The issue of employment circumstances is irrelevant. No restriction exists in relation to the date of injury. What the Authority i…
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Ronchi v Alcoa Portland Aluminium Pty Ltd
[2007] VSC 340
Citation 9
…38 Reference is made to the decision of Osborn J in Ronchi v Alcoa Portland Aluminium Pty Ltd [2007] VSC 340. In that case, the plaintiff was claiming damages arising from the course of his employment from December 1992 to November 1997. Thus, the leave granted was in very wide terms. However, the defendant argue…
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Kaltsis v Ice Design Pty Ltd
[2015] VCC 28
Citation 10
…instance. (g)A similar situation was encountered by his Honour Judge Parrish in Kaltsis v Ice Design Pty Ltd [2015] VCC 28. His Honour was required to rule upon a situation involving proposed amendments to the Statement of Claim prior to the commencement of a jury trial. The matter was one involving s134AB(16)(…