A recent County Court decision, Zwart v Visy Packaging Pty
Ltd [2016] VCC 755, highlights the importance of thoroughly
investigating a Plaintiff's involvement in recreational
activities when defending a Serious Injury Application for pain and
suffering only, especially where the main issue is whether the
Plaintiff's alleged consequences meet the test of "very
considerable" and "more than significant" or
"marked". In particular, the case highlights the
substantial weight placed on an individual's inability to
pursue their hobbies and passions in coming to the conclusion that
his or her injury meets the threshold.
Background
The Plaintiff, Jonathan Zwart, was a 52 year-old machine and
tool-setter employed by the Defendant, Visy Packaging. Mr Zwart
issued an application for leave to commence proceedings to recover
damages under s 134AB of the Accident Compensation Act
1985 for pain and suffering. The case was heard by Her Honour
Judge Bourke.
