James D. Catlin

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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)

MISLEADING AND DECEPTIVE CONDUCT - Claim for estate agent's commission - primary liability clause in contract for signatory of contract - misleading and deceptive conduct not made out - contract claim for commission established - counter-claim not proved.

August 09, 2017
Published in Recent Cases
Tagged under

Daher v TAC (2001) VCAT 2247 (12 December 2001)

The decision of the respondent made on 28 August 2001 is set aside and there is substituted therefor a determination that the applicant's permanent impairment caused by the transport accident on 16 November 1997 is 29%.

General List - Transport Accident - Liability for medical and like expenses - Impairment Assessment - Degree of Impairment - Transport Accident Act 1986 ss46A, 60

Occupational and business regulation list - review of decision of Victorian WorkCover Authority to revoke licence to use blasting explosives - "suitable person" - sections 21 and 24 Dangerous Goods Act 1985.

PRACTICE AND PROCEDURE - Contempt of Court - Publications by litigant tending to interfere with the due administration of justice - Amendment of contempt summons - Whether sufficient particularity of each count.

The plaintiff, Stephen William Price, has, on 19 December 2000, brought a proceeding in this court against the defendants, Crikey Media Pty Ltd and Stephen Mayne, seeking damages for defamation. The publication of the defamatory words is alleged to have taken place on 4 December 2000 on the Internet by the first Defendant.

Application for interlocutory injunction - No substantial issue to be tried - Application dismissed.

TRADE PRACTICES – The plaintiff seeks orders pursuant to rule 32.03 of chapter 1 of the Rules to ascertain the identity of persons who have allegedly defamed the plaintiff and engaged in misleading and deceptive conduct in breach of the provisions of the Trade Practices Act 1974and the Fair Trading Act 1985 with respect to the plaintiff.

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