Where a claimant seeks leave to bring common law proceedings for an aggravation injury under s 93 of the Transport Accident Act 1986 (Vic), the causation question cannot be deferred entirely to the damages trial; the court must examine at the leave stage whether the additional impairment caused by the relevant accident is itself a 'serious injury'. The definition of 'serious injury' in s 93(17) necessarily imports the requirement that the injury be one that occurred as a result of the relevant transport accident.
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