The Victorian Court of Appeal refused leave to appeal from a County Court dismissal of a serious injury application under s 93(17)(a) of the Transport Accident Act 1986, holding that the trial judge did not err in finding the applicant's evidence wholly unreliable across multiple areas — including misstatements about spinal fractures, the speed of the collision, driving restrictions, work capacity (contradicted by payslips showing full-time work post-accident), domestic assistance, and non-disclosure of overseas holidays — and that this unreliability properly infected the court's assessment of medical expert evidence that was substantially dependent on the applicant's self-reported history. The Court confirmed that where an applicant's credibility is found to be fundamentally compromised on matters going to impairment consequences, a trial judge is not required to make piecemeal findings on individual aspects of the medical evidence, and the failure to put to the judge below that payslips were unreliable precluded raising that contention on appeal.
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