SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 7800 of 2001
| TRANSPORT ACCIDENT COMMISSION | |
| Appellant | |
| v. | |
| JACQUELINE COYLE | Respondent |
---
JUDGES: | BROOKING, PHILLIPS and BATT, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 10 December 2001 | |
DATE OF JUDGMENT: | 19 December 2001 | |
MEDIUM NEUTRAL CITATION: | [2001] VSCA 236 | |
---
Accident compensation – Transport accident – Commission’s decision that degree of impairment unlikely to exceed 10% - Application for review – Decision confirmed on review – Earlier offer by Commission “to settle” upon applicant’s withdrawing application for review, each party to pay its own costs – Whether “offer to settle” attracting an order for costs under s.112 – Whether s.112 applicable – Transport Accident Act 1986 ss.74, 77, 79, Victorian Civil andAdministrative Tribunal Act 1998 ss.109, 112, 159, Schedule 1, Items 92 and 93.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr C.M. Maxwell, Q.C. and | TAC Law Pty. Ltd. |
| For the Respondent | Mr A. Graham, Q.C. and Mr T.P. Tobin | Clark & Toop |
BROOKING, J.A.:
I agree with Phillips, J.A.
PHILLIPS, J.A.:
This is an appeal by leave under s.148(1)(a) of the Victorian Civil and Administrative Tribunal Act 1998 ("the VCAT Act") from an order of the Victorian Civil and Administrative Tribunal ("the Tribunal") constituted by a Vice-President. The order under appeal was made on 28 August 2001 and leave to appeal was granted on 26 October last. The hearing of the appeal has been expedited because of the importance, it is said, of the question raised, being the proper meaning and effect of s.112 of the VCAT Act in the context in particular of a review before the Tribunal of a decision of the appellant Commission under the Transport Accident Act 1986 ("the TAA").
Background
The respondent was involved in a transport accident on 26 February 1996. On 21 May 1996 she made a claim under the TAA and on 31 May the appellant accepted the claim "for medical and related expenses". Two years later, on 7 May 1998, the appellant wrote to the respondent adverting to the possibility of her being entitled to an "impairment benefit" and inviting her to submit a medical report "to assist [it] in assessing whether" she was so entitled. Under the TAA an impairment benefit is payable when the victim of a transport accident is assessed as having a degree of impairment which is more than 10 per cent: see s.47 as to lump sum and s.48 as to periodic payments (the amount of the payment depending upon each percentage degree of impairment over 10).
In response to the appellant's letter, the respondent submitted, it appears, a report dated 18 August 1998 from her physiotherapist, one Sandor. Mr. Sandor described the respondent's injuries as having "improved dramatically" and her long term prognosis as "good" and, although recognising "the chance of recurring
discomfort in her neck, shoulder and upper back", he opined that such discomfort "should be easily controlled by a few sessions of…
Continue reading Transport Accident Commission v Coyle
Sign in free to access the full text
- AGLC
- Transport Accident Commission v Coyle [2001] VSCA 236
- Case
- [2001] VSCA 236
- Decision Date
CaseChat Overview and Summary
The court examined the Transport Accident Act 1986 and the Victorian Civil and Administrative Tribunal Act 1998 to determine the applicability of section 112 in this case. The court held that an offer to settle a case, even if it was made under the condition that the applicant withdraw their application for review, could still attract an order for costs under section 112. However, the court found that section 112 was not applicable in this case, as it did not fall under the specific circumstances outlined in the statutes. As a result, the court ruled that neither party was entitled to an order for costs.
The court's decision confirmed the earlier decision of the Transport Accident Commission that Mr. Coyle's degree of impairment was unlikely to exceed 10%, and each party bore their own costs. The court did not grant an order for costs under section 112 of the Victorian Civil and Administrative Tribunal Act 1998, as it did not meet the specific criteria outlined in the statutes. The final orders of the court were that Mr. Coyle's application for review was dismissed, and each party was to bear their own costs.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.