R J Gilbertsons Pty Ltd v Skorsis [2000] VSCA 51
[2000] VSCA 51
At a glance
Source factsCourt
Court of Appeal (Vic)
Decision date
2000-04-19
Before
WINNEKE, P., BUCHANAN and CHERNOV, JJ.A.
Source
Original judgment source is linked above.
Judgment (20 paragraphs)
- For the reasons given by the President, the medical evidence before her Honour was such as to entitle her to form the opinion that the injury produced by the later incident so aggravated the pre-existing injury that it was appropriate to characterise it as a "serious injury". Such a determination by her Honour involved "elements of fact, degree and value judgment" and called for an expression of opinion on the ultimate question.[15] Furthermore, her Honour's reference to Humphries v. Poljak[16], demonstrates that her Honour was aware of the principles to be applied in resolving the ultimate question and that, in the circumstances, she probably applied them to the case before her.
- Thus, by making the analysis described, her Honour made the required comparison and the required assessment of the extent of the additional impairment for the purpose of determining whether it was serious and long term. Having concluded that the 1991 injury was not a "serious injury", it was open to her Honour to find, without combining the two injuries, that the second injury caused an additional impairment which amounted to a "serious injury".[17]