Tomasevic, Milan v State of Victoria (Department of Education and Early Childhood Development) (formerly known as Department of Education) [2018] VSCA 325

ESTOPPEL
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Kaye, Emerton JJA and Almond AJA
Parties: 

Tomasevic, Milan v State of Victoria (Department of Education and Early Childhood Development) (formerly known as Department of Education)

Judgment Date: 
6 December 2018
Catchwords: 

ESTOPPEL - Issue estoppel - Workplace injury - Claim by worker to have suffered serious injury arising out of or in course of employment - Claim for statutory compensation by weekly payments upheld by County Court judge - Proceeding by worker in Supreme Court claiming damages for depressive disorder caused by employment - Whether findings of County Court judge made in relation to fundamental or ultimate issue - Whether findings were in respect of issue that was identical to issue in Supreme Court proceeding.

Citation: 
[2018] VSCA 325