Corrie v Transport Accident Commission [2025] VCC 587

(a) What is the injury and what are the long-term impairment consequences?

(b) Are the pain and suffering and/or pecuniary disadvantage consequences "serious"?

1. For the following reasons, I find that Mr Corrie has satisfied his onus to establish that he has a "serious injury" to his spine.

1. The following matters of background were, I believe, uncontroversial. Where they were contested, these represent my findings save where otherwise indicated.
2. Mr Corrie was born and raised in Victoria. He completed Year 10 at Cranbourne Secondary College.
3. Mr Corrie undertook a construction apprenticeship, and has worked in the construction industry for many years. He has licences and certificates enabling him to operate various machinery used in that industry.
4. At the time of the transport accident, Mr Corrie was working for Insight Constructions as a supervisor and plant operator. His prior role, which he had held for two to three years, had also involved both hands-on and supervisory work.
5. As for sporting pursuits prior to the transport accident, Mr Corrie:

(a) played football until he was twenty-seven years old. He took up football coaching in about 2014. From 2018, he was the senior assistant coach for the senior team at the Pines Football Club;

(b) played club cricket until 2017. He gave up playing club cricket because of family and work commitments;

(c) played golf about twelve times a year, although he was not a member of a golf club;

(d) rode a dirt bike at an unspecified frequency.

1. Mr Corrie experienced aches and pains in his back from time to time prior to the transport accident. This was usually at the end of a long day at work, and the discomfort would resolve overnight.
2. On the day of the transport accident, Mr Corrie was driving a utility vehicle towing a trailer on Dandenong-Frankston Road, Carrum Downs. He was stationary at the Peninsula Link off ramp traffic lights when the trailer was struck to the rear. The airbags in Mr Corrie's vehicle did not deploy. There was damage to the trailer and its towbar.
3. Following the transport accident, Mr Corrie attended upon his general practitioner ("GP") as he was experiencing back and left hip pain. He was referred for imaging and physiotherapy.
4. As a result of increasing back pain, Mr Corrie went off work. Between November 2019 and September 2020, Mr Corrie had periods where he was unable to work, worked light duties and reduced hours. On one occasion, he experienced a back spasm at work and an ambulance was called. Mr Corrie accepted a redundancy, because he felt unable to continue to perform the hands-on aspects of his role with Insight Constructions by reason of his back pain.
5. Mr Corrie began working for his current employer, Campbell Constructions, as a supervisor in September 2020. He occasionally drives machinery and performs other manual tasks. Mr Corrie enjoys his work, and is good at it. He has increased both his responsibilities and income in the intervening years. He said, and I accept, that his employer is understanding of his physical limitations.
6. In April 2020, Mr Corrie was referred to Dr Karen Holzer, sports physician, for treatment of his lower back and left hip conditions. Relevantly, he has had several cortisone injections and nerve root sheath injections to his spine which provided temporary relief. Mr Corrie has continued to consult Dr Holzer.
7. In February 2023, Mr Corrie was referred to Dr Jeremy Russell, neurosurgeon. Dr Russell recommended conservative treatment.
8. Mr Corrie has struggled with his weight for many years. Prior to the transport accident, he was given a referral to a specialist to assist with this, but had not had the consultation. Following the transport accident, Mr Corrie was advised to lose weight to assist with treatment of his spine injury.
9. In October 2023, Mr Corrie underwent gastric sleeve surgery. Since then, his weight has reduced by approximately 40 kilograms.
10. In December 2024, Mr Corrie fell at work whilst using a small jackhammer to remove part of a concrete footing. He hurt his left shoulder, but did not aggravate his spinal injury. He is due to undergo arthroscopic surgery to his left shoulder imminently.
11. Mr Corrie has been prescribed Endep and Endone at times for his spine injury. He said, and I accept, that he is reluctant to take such medications for any protracted period of time because of difficulties caused by a family member's addiction to pethidine in his childhood. Mr Corrie took daily Panadol and Nurofen from the time of the transport accident. He stopped taking the Nurofen following an improvement in his condition consequent on his weight loss.
12. Currently, Mr Corrie takes at least two to four Panadol each day, performs stretches and exercises, and has weekly massages. He very occasionally takes Panadeine Forte when he has a flare up of pain.
13. Mr Corrie lives with his wife and three children in Cranbourne.

What is the injury and what are the long-term impairment consequences?

1. Mr Corrie relied upon an affidavit sworn by him on 18 April 2024 and a further affidavit affirmed by him on 1 April 2025. He deposed that by reason of his spine injury:

(a) he experiences constant pain in his spine of fluctuating intensity. The pain extends into his legs. He experiences significant flare ups a few times a week which "come on out of nowhere";[2]

(b) he has difficulty undertaking the hands-on tasks required at work;

(c) prolonged sitting or standing increase his back pain;

(d) he struggles to bend and lift;

(e) he is no longer able to run or jog;

(f) he struggles to perform home maintenance tasks and gardening;

(g) he struggles to lay flat, finds it hard to get to sleep, and wakes up during the night with pain;

(h) his sex life has been significantly impacted;

(i) he is unable to play cricket, golf, or ride a dirt bike;

(j) his enjoyment of football coaching is reduced because of his inability to be actively involved in kicking and running drills.

1. Mr Corrie was cross-examined as to a number of his claimed impairment consequences. Excerpts of video surveillance were played, and Mr Corrie was cross-examined as to the various activities and movements he was seen to perform. Mr Corrie was also cross-examined about a number of social media posts.
2. The matters of particular relevance during cross-examination were as follows:
   • In about 2023, Mr Corrie and a friend started, and continue to run, a bloodstock business. Mr Corrie's role in the business is primarily to provide video updates in respect of the horses. Mr Corrie's participation in this business was not mentioned in either of his affidavits;
   • Since 2022, Mr Corrie and his family have participated in an annual treadmill challenge to raise money for the charity Very Special Kids. They have raised thousands of dollars. Mr Corrie posted a short video of himself jogging on the treadmill for 10 to 15 seconds. I accept his evidence that this was the extent of jogging he performed and he otherwise walked on the treadmill. In his most recent affidavit, Mr Corrie deposed to taking part in this activity in 2023 and 2024. He did not mention his participation in 2022. I was not asked to, and do not, make any adverse findings because Mr Corrie's participation in this activity was not mentioned in his first affidavit, or because his participation in 2022 was not mentioned in his second affidavit;
   • At the time of the transport accident, Mr Corrie was an assistant coach of a senior team at the Pines Football Club. He has continued to coach senior football since the transport accident, now at Tooradin Football Club. Training is twice a week, and the games are on Saturdays. In addition to that coaching role, Mr Corrie is the junior liaison officer for the club. The overall weekly time commitment is significant;
   • In 2023, Mr Corrie was a coach of his son's under 14 football team at Cranbourne Football Club. This involved training once a week, and games on Sundays;
   • Since the transport accident, Mr Corrie coached junior cricket for two or three seasons. Training was once a week and matches were on Saturday mornings. Mr Corrie stopped coaching cricket for reasons unrelated to his injury;
   • Mr Corrie watches his eldest son play cricket (two or three games a week) and football, his daughter play netball and his younger son play football;
   • Mr Corrie accepted that he would sometimes sit for over an hour when watching his children play sport. He said he has tried various chairs. He sits in different chairs and walks "laps" periodically to avoid getting too stiff;
   • Mr Corrie's weightloss helped his back pain, allowed him to exercise more and improve his fitness. He said, and I accept, that the improvement plateaued and although he has more energy, pain and restrictions continue;
   • Following his weightloss, Mr Corrie participated in two games of veterans cricket, including playing finals. He batted and bowled a few overs. Mr Corrie deposed to this activity in his affidavit. He said, and I accept, that this was the only cricket he has played since the transport accident and he found it difficult by reason of his spinal injury;
   • Mr Corrie's eldest son is a talented cricketer, and Mr Corrie had hoped to be able to play at least one game with him;
   • Mr Corrie was cross-examined about a social media post of his family enjoying a day out on the Murray in 2023 with friends. He deposed to this activity in his affidavit. He said, and I accept, that he found being on the boat uncomfortable for his back;
   • Mr Corrie denied overstating his physical restrictions when seen by Mr Grossbard, orthopaedic surgeon, in June 2023;
   • When it was suggested to Mr Corrie that his back pain was manageable,[3] the following exchange occurred:

A: No, because I am able to stand and sit in the coaches box which is above - there's seats there provided for me.

A: If I have got to be taking painkillers for something it's not manageable, in my belief."

1. The TAC tendered one hour and fifty-five minutes of video surveillance footage taken on 1 and 9 March 2025. As I have said, excerpts were played during cross-examination. I have carefully re-watched the footage in the preparation of these reasons.
2. In the fifty-eight minutes of video surveillance footage taken on Saturday, 1 March 2025, Mr Corrie was seen at the front of his home, moving some items from his work vehicle into his garage. He moved a hose, primarily using his foot to do so. Mr Corrie was then seen standing and watching his daughter play netball for approximately forty minutes, and then watching his son play cricket. He was seen to stand for about thirty minutes and then sit for about an hour.
3. In the fifty-seven minutes of video surveillance footage taken on Sunday, 9 March 2025, Mr Corrie was seen with his wife walking their dog for about twenty-five minutes. His wife held the dog's lead. Mr Corrie said he tried not to hold the dog's lead in the morning as that was when the dog was more likely to pull and hurt his back.[4] Mr Corrie was seen with his family and others setting up a marquee to provide shade to watch his son play cricket. Mr Corrie agreed the marquee would be used most weeks. He squatted down to hammer the marquee pegs into the ground to secure the marquee. Mr Corrie was seen to sit for about thirty-seven minutes in a camp chair which appeared to offer little support. He agreed that he might sit for one or two hours in that chair watching cricket. Mr Corrie was seen helping to take the marquee down. He tried to remove the tent pegs but appeared to be unable to get them out. Ultimately someone else did this. Mr Corrie was seen lifting and emptying water from plastic containers used as weights around the marquee legs. Mr Corrie dragged the marquee to his car. One end had wheels to facilitate this. Another male took an end and they lifted and manoeuvred it into the back of Mr Corrie's car.
4. Mr Corrie relied upon an affidavit affirmed by his wife, Carlee Corrie, on 31 March 2025. The TAC did not seek leave to cross-examine Mrs Corrie. Mrs Corrie's affidavit broadly corroborated Mr Corrie's account of his impairment consequences. I accept her evidence.
5. This is a convenient point at which to consider the medical evidence tendered by the parties. This can be dealt with in a summary form given that there was no real controversy as to the nature of Mr Corrie's injury or the treatment he has received.

1. Mr Corrie tendered the reports of imaging of his spine undertaken since the transport accident. This revealed multilevel spondylosis and a large posterior disc bulge at L1-2 eccentric to the left, causing moderate to severe spinal canal narrowing and potential impingement of the traversing left-sided nerve roots. Further, there was reportedly mild bilateral neural foraminal narrowing at L4-5, and the exiting left L4 nerve root appeared to be partially compressed. Mild bilateral degenerative change of the sacroiliac joints was also noted.

1. A short report was tendered from Dr Auteri dated 15 April 2025. This briefly summarised Mr Corrie's injury and treatment and noted that "Mr Corrie's injuries are permanent and may result in possible surgery in the future".[5]

1. Thirteen letters and reports were tendered from Dr Holzer spanning the period April 2020 to April 2025.
2. In her report dated 4 February 2025, Dr Holzer summarised her treatment of Mr Corrie and her opinion as to his condition. Relevantly, Dr Holzer diagnosed:[6]

"Acute exacerbation of underlying multilevel quite severe disc and facet joint degeneration throughout his lumbosacral spine, extending from L1/2 to L5/[S]1 with left SIJ inflammation/degeneration."

1. Dr Holzer opined that Mr Corrie requires an ongoing rehabilitation program comprising Kieser, clinical Pilates, hydrotherapy, intermittent "NSAIDs", physiotherapy and massage. She said he was unfit to perform manual tasks.
2. In her report dated 30 April 2025, Dr Holzer commented upon the surveillance footage. She opined that she did not observe Mr Corrie performing activities that would significantly impact his recovery or cause further degeneration. She observed that the camp chair Mr Corrie sat in to watch cricket did not look supportive, and would not recommend that he stand or sit for the prolonged periods observed.

1. Four letters and reports were tendered from Dr Russell dated 8 February 2023, 7 March 2023, 12 May 2023, and 25 March 2025. Dr Russell saw the plaintiff on three occasions, in February 2023, March 2023 and March 2025.
2. In his report dated 12 May 2023, Dr Russell noted the findings he made upon examination of Mr Corrie in February 2023 as follows:[7]

"During the examination he was clearly in discomfort especially when lying flat. His lower limb exam revealed normal tone, power and reflexes with downgoing planters and a straight leg raise of approximately 40° bilaterally. On standing [he] had a very limited lumbar flexion, with his back pain worse on extension than flexion. He was significantly overweight, stating he was 185 cm tall, weighing 137 kg, giving him a BMI of 40.0."

1. Dr Russell noted that the imaging revealed multiple potential causes for Mr Corrie's back pain, at all levels of his lumbar spine, though the L1-2 level was "the most abnormal radiologically".[8] He opined that the extent of pre-existing disease was likely related to Mr Corrie's high body mass index. Dr Russell expected that the transport accident precipitated an acute exacerbation of a chronic underlying disease.
2. Dr Russell recommended that Mr Corrie lose weight.
3. When Dr Russell reviewed Mr Corrie in March 2023, he had lost a small amount of weight and reported a significant improvement in his levels of back pain.[9] As to future treatment requirements, Dr Russell opined:[10]

"Given his substantial improvement in both back pain and bilateral leg pain during this last consultation, I suggested ongoing conservative management was appropriate. Aside from the bariatric surgery; physiotherapy with a view to strengthen his core, lumbar and pelvic musculature is advised.

Should his pain remain controlled, no further neurosurgical management is required. Should it recur, then depending upon the symptoms at the time, he may need decompression surgery likely at the L1/2 level where the compression is most apparent. Ultimately I cannot predict what the spinal treatment would involve without knowing exactly what his symptoms are at the time."

1. Dr Russell was of the view that there were some ongoing restrictions upon Mr Corrie's work capacity, in that he ought not to lift more than 10 kilograms, and should minimise bending and twisting of his spine. He should avoid sitting for more than 30 to 60 minutes.
2. In his report dated 25 March 2025, Dr Russell noted that Mr Corrie's significant weightloss since the bariatric surgery had given him "more energy and therefore activity which to some degree initially flared up his lower back symptoms. This seems to have stabilised".[11] He recommended ongoing conservative management and further weight loss.

1. Two reports were tendered from Mr Grossbard, dated 20 June 2023 and 14 November 2023. Mr Grossbard examined Mr Corrie for each report.
2. Mr Grossbard noted the following on examination on 14 November 2023:[12]

"... there was no spinal tenderness but there was a poor range of spinal motion. There was increased pain with extension of the spine and there was dysmetric lateral flexion ... I did note Mr Corrie's reluctance to lay flat on a couch because of the development of back pain. ... ."

1. Mr Grossbard opined that Mr Corrie had:[13]

"... suffered an injury to his lumbar spine near the thoracolumbar junction. This relatively high lesion would explain his inability to lay flat and the distribution of referred pain into the front of the thighs probably representing an L3 nerve root impingement ... ."

1. Mr Grossbard suggested that Mr Corrie be reviewed again after he had achieved weight loss following his bariatric surgery. If there were continuing symptoms of nerve root impingement, spinal surgery may be appropriate.

1. A report dated 12 March 2025 was tendered. Professor D'Urso examined Mr Corrie on 26 February 2025.
2. Professor D'Urso noted the following on examination:[14]

"... [Mr Corrie] stands 181cm and he weighs 112kgs ... [he] does exhibit a degree of thoracic kyphosis ... His reflexes were preserved at the knees and ankles. Plantar responses were downgoing. Sensation was altered in the left inguinal region and in the anterior lateral thigh. ... [Mr Corrie's] straight leg raise is limited to 45 degrees by back pain and his hips were mobile and non-tender. ... [He] could stand on his heels and toes, flex his spine so he came to 30cm from touching his toes. He could extend only 15 degrees."

1. Professor D'Urso opined that Mr Corrie likely aggravated multilevel disc degenerative change in the thoracolumbar spine as a result of the transport accident. The worst affected level was at L1-2 "where there is considerable calcified disc prolapse causing stenosis and subarticular nerve root compression".[15]
2. Professor D'Urso said that on a permanent basis, Mr Corrie should not be required to:

(a) perform any type of repetitive bending, twisting or lifting;

(b) lift from below the knee or above the shoulder;

(c) lift in excess of 5 to 10 kilograms;

(d) climb at height on steps or ladders or work in confined spaces;

(e) sit, stand or walk in excess of 45 minutes.

1. Professor D'Urso recommended continuing conservative treatment. He opined that degenerative progression was likely, and more serious neurological symptoms were possible. He advised that surveillance MRI imaging be undertaken at least yearly. If there was evidence of neurological deterioration, Mr Corrie may require surgical intervention, "particularly at the L1-2 motion segment where there was substantial canal stenosis and nerve root impingement".[16]

1. A report was tendered from Dr Saxby dated 6 February 2025. Dr Saxby examined Mr Corrie on 23 January 2025.
2. On examination, Dr Saxby noted:[17]

"Mr Corrie was uncomfortable sitting during the consultation and required to stand. He moved around the office with a short shuffling gait and a stiff gait. On specific examination, there was no lumbar spasm. There was loss of lumbar lordosis and increased thoracic kyphosis. Range of motion was 50 degrees flexion, 10 degrees extension, rotation left and right 30 degrees, and flexion left and right 20 degrees. Straight leg raising to 40 degrees bilaterally. He had normal power and sensation in his lower limbs. Knee motion was normal. Hip motion was intact but was not able to be fully assess[ed] for femoroacetabular impingement due to pain on his back with lying flat."

1. Dr Saxby diagnosed a permanent aggravation of pre-existing degeneration of Mr Corrie's lumbar spine as a result of the transport accident. He opined that the condition required ongoing management by way of medication as required for pain relief, a further reduction in weight, exercise and the avoidance of certain activities. The long-term prognosis was for a slow deterioration over time. Future deterioration would be due to the underlying condition rather than the transport injury.
2. Dr Saxby found no inconsistency between his findings on examination and the radiological and other medical information available.
3. As to work capacity, Dr Saxby opined:[18]

"... He certainly would not be fit to do manual work. He should avoid bending and lifting and have the option of alternating sitting and standing over time."

1. I find that in the transport accident, Mr Corrie suffered an aggravation of the pre-existing degeneration in his thoracolumbar spine. That aggravation persists and will be long term.
2. Counsel for Mr Corrie submitted that the plaintiff was a refreshingly candid, straightforward and honest individual.
3. Leading counsel for the TAC did not submit that Mr Corrie's evidence lacked credibility or was unreliable.
4. There were a number of instances where it appeared to me that Mr Corrie answered questions in a way which he perceived was of most assistance to his case, rather than responding directly. The following questions and answers are examples of this:

(a) When asked about the surveillance footage taken on Saturday, 1 March 2025 as Mr Corrie was seen to sit on a bench watching his son play cricket, the following exchange occurred:[19]

Q: "You are not sitting on your special chair there, are you?---

A: No. There wasn't room for them. I was just sitting on one of the bench chairs.

Q: Are you saying you wanted to use your special chair on that day but there wasn't room?---

A: Because it's steps, concrete steps, so it wouldn't sit there, it wouldn't fit.

Q: Mr Corrie, it's a large cricket ground. If you wanted to use your special chair I suggest you could have found a location at that ground to use your special chair?---

A: Okay. In respect to that, it was about 40-something degrees too that day so I wanted to sit under the shade with the family. That's all our family sitting together there.

Q: I suggest you would have been able to find some shade in your special chair if you wanted to?---

Q: So why are you saying in answer to my question that's not the chair, there wasn't room for it?---

A: Because where I chose to sit with the family there wasn't room for the chair."

(b) When asked whether he filled the plastic containers with water which were used as weights around the legs of the marquee, the following exchange occurred:[20]

Q: "So have you gone and filled them up with water, carried them back and put them around the legs?---

A: On that day the lady there, Nicola, a good friend of ours, she - we walked across the road and filled them up and then she brought them back, carried them back over.

Q: It wouldn't be any difficulty for you doing that task, would it?---

A: Well, I chose her to carry them so I didn't hurt myself."

A: I might have picked them up to empty the water out of them when they were taken off.

Q: How much would that weight, those little white apparatus, if you filled up with water?---

Q: You would have no difficulty picking up that and carrying it from wherever the water tap was to that marquee, would you?---

Q: No, you didn't do it but I suggest you could do it?---

A: No, I don't think. That's probably why I chose not to do it, to put it at risk."

1. I find Mr Corrie was an honest witness. He was willing to make concessions. Notwithstanding the above, I generally accept Mr Corrie's evidence as to his impairment consequences. I do so because his account of his impairment consequences is consistent with the extent of degenerative change found on imaging and the uncontroversial medical evidence. His account is corroborated by the unchallenged affidavit from his wife. Further, the surveillance footage did not show Mr Corrie undertaking activities which he had said he could not do.

1. Counsel for Mr Corrie submitted that Mr Corrie suffers constant but variable pain in his back, and at times in his legs, requiring daily over-the-counter medication and occasional Panadeine Forte. Mr Corrie initially had a significant amount of treatment including physiotherapy for approximately two years, and multiple spinal injections.
2. Leading counsel for the TAC submitted that it was important in this case to look at what Mr Corrie does about his pain, and its impact upon him.
3. I accept that Mr Corrie suffers from constant but variable pain. The pain ranges from what Mr Corrie described as a stiffness or dull feeling, to pain at a level requiring him to take Panadeine Forte. I find that his ongoing symptoms require the use of at least two to four Panadol every day. Whilst this treatment regime could be described as modest, I accept that Mr Corrie wants to avoid stronger analgesia as much as possible. He modifies his activities on a daily basis to avoid flare ups of pain.
4. I accept the opinions of Professor D'Urso and Dr Saxby that the degenerative disease in Mr Corrie's spine will likely progress with time. That is the condition which has been rendered symptomatic by the transport accident.

1. I find that Mr Corrie is able to work full time as a construction supervisor. He remains able to perform some limited hands-on tasks as necessary. He is unable to perform any heavy lifting, or repetitive bending or twisting. I accept Mr Corrie's evidence that his workplace is accommodating of his ongoing restrictions and he is generally able to avoid activities that exacerbate his pain.

1. Mr Corrie's evidence regarding the impact his injury has upon his sleep was unchallenged. I accept that he struggles to lay flat and his sleep is disturbed each night. This is a significant impairment consequence for Mr Corrie.

1. Mr Corrie's evidence about the impact of his injury on his intimate relations was not challenged. I accept his evidence, corroborated by his wife's affidavit, that his intimate relations have been impacted by the transport accident-related spinal injury and that this is a significant matter for Mr Corrie.

1. Mr Corrie is able to walk two to three kilometres. I accept that he struggles to jog or run without significant pain. He is restricted in his ability to bend, twist and lift. He has some limitations in his ability to sit and stand.

1. Mr Corrie is able to undertake his personal care.

1. Mr Corrie remains able to perform domestic chores but struggles with activities involving repetitive bending and twisting or heavy lifting.

1. Mr Corrie struggles to undertake the heavier tasks involved in gardening and home maintenance.

1. Mr Corrie remains able to drive but needs to stop and stretch periodically.

1. I accept that Mr Corrie is unable to play cricket. He stopped playing cricket in 2017 because of his busy work and family life. I accept that his work and family life remain busy, and his ability to play cricket on a regular basis would be limited in any event. However, I find that absent his back injury, Mr Corrie would have returned to some occasional participation in cricket. I further accept that Mr Corrie hoped to play some games of cricket with his eldest son, who is a talented cricketer. That aspect of the loss is limited in scope.
2. I accept that Mr Corrie is unable to play golf. This was not a particular "passion", but an activity that he previously undertook reasonably regularly.
3. I accept that Mr Corrie is unable to ride a trail bike. Again, this was not a particular "passion", but he previously owned a trail bike and it was an activity he participated in and enjoyed with his children.
4. I accept that Mr Corrie is unable to participate in the physical activities involved in football coaching. He continues to coach, but his enjoyment of that activity is reduced because of those limitations.

Are the pain and suffering and/or pecuniary disadvantage consequences "serious"?

1. I bear in mind that Mr Corrie was thirty-seven years old when the transport accident occurred. He is now forty-three. He is a young man, and will experience limitations by reason of his back injury for many years to come.
2. I am mindful that what has been lost should be considered in the context of what has been retained.
3. The fact that Mr Corrie remains able to work full time in a role similar to that which he had at the time of the transport accident, does not preclude a finding that he has a "serious" injury. It is just one factor to consider in the overall assessment.
4. Mr Corrie has retained the ability to undertake many previously enjoyed activities, albeit with adaptations. His family and sport are very important parts of his life, and he has persevered with those activities to the best of his ability notwithstanding the limitations he has because of his back injury. He ought not to be treated less favourably than a person with less strength of character who might have resigned himself to the injury and given up on all participation in those sporting pursuits.[21]
5. Performing the value judgment required of me, I find that Mr Corrie's impairment consequences considered collectively are appropriately described as "more than significant or marked" and "at least very considerable" to him when considered in the context of the range of impairments, including those which do not come before the Court.
6. The factors which are particularly pertinent in this case are Mr Corrie's constant but variable pain requiring daily medication, the difficulty lying flat and the daily interference with sleep, the impact upon intimate relations and the reduction in capacity and enjoyment of participation in various sporting activities. For a relatively young man who has been willing to persist with activities in circumstances where others might not, in my view, those are collectively consequences which meet the very considerable test.

1. Mr Corrie is granted leave to issue common law proceedings for the injuries he sustained in the transport accident.
2. I will hear the parties on the issue of costs.

[1] Humphries and Anor v Poljak [1992] VicRp 58; [1992] 2 VR 129 at [140]

[2] Further Amended Plaintiff's Court Book ("PCB") 11

[17] Defendant's Amended Court Book ("DCB") 9

[21] Jarvie v Sideliner Contracting Pty Ltd [2024] VSCA 144 at paragraphs [68] and [69]