Pisano v Precision Solid Plasterers Pty Ltd & Anor

[2012] VSCA 226

Victorian Court of Appeal

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Interrogate

Catchwords

1. Accident Compensation
2. › Serious injury application
3. › Leave to bring proceedings for damages
4. › Whether injury constitutes 'serious injury'
5. › Suitable employment
6. › Whether employment constituted 'suitable employment' within s 5(1)
7. › Accident Compensation Act 1985 (Vic), ss 5(1), 134AB(16)(b), 134AB(37)
1. Appeal
2. › Inadequacy of reasons
3. › County Court
4. › Failure to address material aspects of case
5. › Whether reasons adequate to explain conclusion on suitable employment
6. › Whether trial judge failed to deal with alternative case on causation
1. Practice and Procedure
2. › Reasons for decision
3. › Adequacy of reasons
4. › Obligation to address material issues raised by the evidence
5. › Obligation to explain conclusions in the face of contrary evidence

Quick Take

A trial judge determining a serious injury application must provide adequate reasons addressing all material aspects of the applicant's case, including alternative bases for the claim. A conclusion that employment constitutes 'suitable employment' under s 5(1) of the Accident Compensation Act 1985 (Vic) must be supported by reference to the whole of the evidence, not selective portions of cross-examination.