Following the repeal of s 134AD of the Accident Compensation Act 1985 (Vic), the Court of Appeal will not interfere with a trial judge's serious injury determination unless there is specific error or the decision is plainly wrong or wholly erroneous, reverting to the Mobilio v Balliotis standard rather than the 'decide for itself' standard under the repealed provision. In serious injury applications where expert evidence conflicts and is not cross-examined, a trial judge is not required to resolve the precise underlying diagnosis with precision and may properly rely on impression and value judgment.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
4 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.