Johns v Oaktech Pty Ltd
[2020] VSCA 10
Citation 1
(Para 76)
…267 However, for completeness, I refer to the decision of Johns v Oaktech Pty Ltd ([2020] VSCA 10 at [76]) where the issue of credit was a relevant issue. The Court of Appeal stated the following;…
Brett Jarvis v The Salvation Army Southern Territory
[2016] VSCA 175
Citation 2
…315 The question of the proper construction of section 114(2) was considered by the Court of Appeal in Jarvis v Salvation Army ([2016] VSCA 175). The Court of Appeal held that it is the role of the Magistrate hearing a claim in relation to weekly payments to ‘enquire into, hear and determine the question of the ap…
Woolworths Ltd v Warfe
[2013] VSCA 22
Citation 3
(Para 112)
…222 In Woolworths Ltd v Warfe ([2013] VSCA 22 at [112]), Kaye AJA, when discussing medical records which explore the histories given by a patient, observed the following:…
Allsmanti Pty Ltd v Ernikiolis
[2007] VSCA 17
Citation 4
(Para 49)
…he burden of all the evidence in the case? ’ (see Attanayake v Simplot Australia Pty Ltd [2019] VSC 387 at [52] and Allsmanti Pty Ltd v Emikiolis [2007] VSCA 17 at [49] – [50]).…
R v Leesley
[2001] VSCA 90
Citation 5
(Para 11)
…264 As noted by Ashley JA in St. Mary’s School v Askwith ([2001] VSCA 90 at [11] and [14]) which dealt with the predecessor to section 40(3) under the Accident Compensation Act 1985 (the ACA), this requirement is a lesser requirement than that of an injury arising out of employment, with ‘significant’ accorded a…
Jones v Dunkel
[1959] HCA 8
Citation 6
…a witness should give rise to an inference that Mr Steele’s evidence would not have assisted their case pursuant to the rule from Jones v Dunkeld ((1959) 101 CLR 298).…
Attanayake v Simplot Australia Pty Ltd
[2019] VSC 387
Citation 7
(Para 52)
…ence must be considered in order to determine ‘what was the burden of all the evidence in the case? ’ (see Attanayake v Simplot Australia Pty Ltd [2019] VSC 387 at [52] and Allsmanti Pty Ltd v Emikiolis [2007] VSCA 17 at [49] – [50]).…
Pulling v Yarra Ranges Shire Council
[2018] VSC 248
Citation 8
…218 In Pulling v Yarra Ranges Shire Council [2018] VSC 248 Bell J summarised the consideration that must be given to medical evidence by a magistrate hearing a claim for workers’ compensation:…
Clarke v National Mutual Life Insurance Ltd
[2013] VSC 536
Citation 9
(Para 56)
…nt must take the plaintiff as it finds him (see St. Mary’s School v Askwith supra at [12]) and Clarke v National Mutual Life Insurance Ltd & Ors ([2013] VSC 536 [at [56]).…
Tuimaseve v Wesfarmers Limited
[2016] VMC 15
Citation 10
(Para 122)
…265 In Tuimaseve v Wesfarmers Ltd ([2016] VMC 15 at [122]) , Magistrate Ginnane held that in determining whether or not a plaintiff’s employment amounted to a significant contributing factor, ‘it is not necessary that the plaintiff establish that the employment was either the sole or the dominant cause of her co…