Connelly v Transport Accident Commission

(2024) 73 VR 257; [2024] VSCA 20

Victorian Court of Appeal

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Interrogate

Catchwords

1. Accident Compensation
2. › Transport accident
3. › Serious injury
4. › Application for leave to commence common law proceeding
5. › Whether consequences of injury 'very considerable'
6. › Multiple significant consequences suffered for decades
7. › Likelihood of deterioration necessitating further surgery
8. › Transport Accident Act 1986 (Vic), s 93
1. Appeal
2. › Standard of appellate review
3. › Serious injury determination
4. › Whether evaluative decision or discretionary decision
5. › Whether House v The King standard or Warren v Coombes correctness standard applies
6. › Application of GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore
7. › Mobilio v Balliotis not followed
1. Appeal
2. › Appeal by way of rehearing
3. › Real review of evidence
4. › Advantages of trial judge
5. › Whether appellate court in as good a position as trial judge to evaluate evidence
6. › Fox v Percy applied

Quick Take

Practitioners conducting serious injury appeals under the Transport Accident Act 1986 (Vic) and cognate accident compensation legislation must now apply the Warren v Coombes correctness standard rather than the Mobilio 'plainly wrong or wholly erroneous' standard, significantly lowering the threshold for appellate intervention.