CORPORATIONS - Conducting public transport franchises - Passengers - Assault and detention by employees - Corporations under Deed of company arrangement - Claims released - In substitution a right to claim against the available property - Passengers commence claims for damages in the County Court - Leave to proceed - Effect of release on claim - Discretionary considerations - Corporations Act 2001, s 444E(3).
The plaintiff has applied by originating motion for leave pursuant to s 135A of the Accident Compensation Act 1985 to bring proceedings in respect of an injury which is said to be a serious injury.
Accident Compensation - Transport Accident Act - Determination of impairment in accordance with "AMA Guides" - Assessment of physical impairment pursuant to Chapter 1 of the Guides and episodic neurological disorders pursuant to Chapter 2 of the Guides discussed - Whether "genuine functionally-driven physical impairment" capable of constituting impairment assessable under Chapter 1 - Whether migraine headaches stemming from neck disorder capable of assessment as "episodic neurological disorder" pursuant to Chapter 2 of the Guides - Purpose of s.46B of Transport Accident Act 1986 discussed
Transport accident - costs - appropriate scale - senior counsel - two counsel - stay of order - Transport Accident Act 1986 s 79(2)