Vision Australia Ltd v Elisha [No 2]

[2023] VSCA 288

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Damages
2. › Nominal damages
3. › Workers' compensation legislation
4. › Whether nominal damages are 'damages of any other kind' awarded 'in respect of an injury'
5. › Whether prohibited by statutory code limiting awards
6. › Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s 340(c)
1. Workers' Compensation
2. › Proceedings for damages
3. › Limitations on awards
4. › Codified regime for damages in respect of injury
5. › Whether nominal damages for breach of contract permitted within statutory scheme
6. › Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 318, 326, 335, 340, 344
1. Costs
2. › Appeal costs
3. › Mixed success on appeal
4. › Apportionment of costs
5. › Whether departure from general rule warranted
6. › Pragmatic approach to issues-based costs orders

Quick Take

Nominal damages for breach of contract cannot be awarded in proceedings brought under Part 7 Division 2 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), because such an award constitutes 'damages of any other kind' awarded 'in respect of an injury' within the meaning of s 340(c). This means a worker who establishes breach of contract but fails to recover compensatory damages in such proceedings cannot obtain even nominal damages to vindicate the breach.

Case Details

Citation[2023] VSCA 288

CourtVSCA

JurisdictionVictoria

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 2 later cases that cite this judgment.

Relies on8

2023Vision Australia Ltd v ElishaVSCA 265
2023Visser v The KingVSCA 10
2019The Queen v A2; The Queen v Magennis; The Queen v VaziriHCA 35
2015Actrol Parts Pty Ltd v Coppi (No 3)VSC 758
and 4 more after sign-in

Create free account

Already have an account? Sign in