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Catchwords are the way in which we classify reports into a consistent taxonomy.

Leave to bring common law proceedings(4 results)

Reports matching this catchword classification

BAKER v TRANSPORT ACCIDENT COMMISSION and Another1 VR 662

Brooking and Phillips JJA·19 Jun 1996·5p·

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - "Permanent serious disfigurement" - Scarring - Transport Accident Act 1986 (No. 111) s. 93.

Limitation of actions - Extension of time within which to bring action - Application for leave to bring common law action - Claim within time when application instituted - Claim statute-barred when application finally determined - Limitation of Actions Act 1958 (No. 6295) s. 23A.

MOBILIO v BALLIOTIS and Others3 VR 833

Winneke P, Brooking, Ormiston, Phillips and Charles JJA·10 Nov 1997·29p·

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Meaning of "serious" - Guidance of "very considerable" test - Severe long-term mental or severe long-term behavioural disturbance or disorder - Meaning of "severe" - Whether stronger than "serious" - Appeal - Principles applicable to appeal from determination regarding serious injury - Whether same principles as for appeals from discretionary judgments - Fresh evidence - Whether admissible - Transport Accident Act 1986 (No. 111) s. 93(4) 93(17) - Supreme Court Rules Ch. I r. 64.22(3).

SWANNELL and Another v FARMER1 VR 299

Callaway, Batt and Buchanan JJA·11 Nov 1998·14p·

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Death of injured person from other causes - No steps taken to establish "serious injury" before death - Whether cause of action vested in injured person at death - Application for leave to bring proceedings made by personal representative - Whether maintainable - Whether application maintainable after tortfeasor's death - Meaning of "serious injury" - Transport Accident Act 1986 (No. 111) ss. 3(5)(c) 93 94(7) - Administration and Probate Act 1958 (No. 6191) s. 29.

Richards and Another v Wylie1 VR 79

[2000] VSCA 50·(Court of Appeal) Winneke P, Buchanan and Chernov JJA·19 Apr 2000·13p·

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - Serious long-term impairment or loss of a body function - Severe long-term mental or severe long-term behavioural disturbance or disorder - Minor physical injury - Psychological reaction - Impairment of body function produced by mental disturbance or disorder - Transport Accident Act 1986 (No 111) s 93(17).