Haden Engineering Pty Ltd v McKinnon
[2010] VSCA 69
Citation 1
…plaintiff’s stoicism cannot hide the fact that back pain is a major component in his life: see Buchanan, AJ in Haden Engineering Pty Ltd v McKinnon [2010] VSCA 69. 151 I do not accept that the fact the plaintiff has worked full time for the last two years is indicative of significant recovery as submitted by coun…
Sabo v George Weston Foods
[2009] VSCA 242
Citation 2
…as not “serious”, relying on Sumbul v Melbourne All Toya Wreckers Pty Ltd [2006] VSCA 292, Sabo v George Weston Foods [2009] VSCA 242 and Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181 and Sabo v George Weston Foods [2009] VSCA 242, at para 74. 133 In Sumbul Chernov JA stated at para 24 that in cir…
Stijepic v One Force Group Aust Pty Ltd
[2009] VSCA 181
Citation 3
…ty Ltd [2006] VSCA 292, Sabo v George Weston Foods [2009] VSCA 242 and Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181 and Sabo v George Weston Foods [2009] VSCA 242, at para 74. 133 In Sumbul Chernov JA stated at para 24 that in circumstances where a plaintiff was capable of returning to alternativ…
Dwyer v Calco Timbers Pty Ltd (No 2)
[2008] VSCA 260
Citation 4
…himself back to well paid full time work. 149 He is to be commended in this regard. As Nettle, JA commented in Dwyer v Calco Timbers Pty Ltd No 2 [2008] VSCA 260, at paragraph 4, that he suspected: “… but for the way the appellant has been prepared to put up with his pain and suffering and get on with his business…
Sumbul v Melbourne All Toya Wreckers Pty Ltd
[2006] VSCA 292
Citation 5
…which could be regarded as “significant”, was not “serious”, relying on Sumbul v Melbourne All Toya Wreckers Pty Ltd [2006] VSCA 292, Sabo v George Weston Foods [2009] VSCA 242 and Stijepic v One Force Group Aust Pty Ltd & Anor [2009] VSCA 181 and Sabo v George Weston Foods [2009] VSCA 242, at para 74. 133 In Sum…
Dwyer v Calco Timbers Pty Ltd
[2006] VSCA 187
Citation 6
…lue judgment in which matters of fact, degree and of impression are operative: see also Dwyer v Calco Timbers Pty Ltd [2006] VSCA 187, at 41. 135 The Court must evaluate the consequences of the particular impairment and then make an objective determination by comparing the consequences with other cases in the rang…