Lovrenovich v Transport Accident Commission

[2025] VSCA 317

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 action for damages
5. › Causation
6. › Multiple transport accidents
7. › Whether long-term impairment attributable to first transport accident
8. › Transport Accident Act 1986 (Vic), s 93
1. Evidence
2. › Expert evidence
3. › Medical opinions
4. › Rejection of expert opinions
5. › Whether judge entitled to reject medical opinions based on underlying history found to be unreliable
1. Appeal
2. › Standard of appellate review
3. › Correctness standard
4. › Credibility findings
5. › Whether findings affected by impressions of credibility should be interfered with
6. › Whether glaringly improbable or contrary to compelling inferences

Quick Take

In serious injury applications involving multiple accidents, a judge who rejects the applicant's account of continuing symptoms is entitled to reject medical opinions based on that account, and is not required to defer to medical practitioners on questions of the applicant's reliability.