Jarvie v Sideliner Contracting Pty Ltd

[2024] VSCA 144

Victorian Court of Appeal

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Interrogate

Catchwords

1. Accident Compensation
2. › Workplace injury
3. › Serious injury application
4. › Permanent serious impairment or loss of body function
5. › Pain and suffering
6. › Whether injury 'very considerable' within meaning of s 325(2)(c)
7. › Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 325, 335
1. Appeal
2. › Appeal by way of rehearing
3. › Review of evidence
4. › Advantage of trial judge where witnesses not cross-examined
5. › Whether appellate court in as good a position as trial judge to assess evidence
6. › Fox v Percy (2003) 214 CLR 118
1. Evidence
2. › Unchallenged evidence
3. › Failure to cross-examine
4. › Whether trial judge entitled to reject or discount unchallenged evidence

Quick Take

Abandoning cross-examination in serious injury applications significantly diminishes the trial judge's advantage and makes appellate intervention more likely where the judge discounts unchallenged evidence.