The Law Library of Victoria Home Menu

Roberts, Herbert v ISS Facility Services P/L [2022] VSC 738

PERSONAL INJURY CLAIM, STATUTORY INTERPRETATION
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Ierodiaconou AsJ
Parties: 

Roberts, Herbert v ISS Facility Services P/L

Judgment Date: 
1 December 2022
Catchwords: 

PERSONAL INJURY CLAIM - Application for leave to proceed nunc pro tunc - Application for an expedited hearing - Meaning of imminent risk of death of a worker - Serious injury application - Actions by terminally ill workers - Legionella pneumonia - Application disallowed - Proceeding to be struck out - Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s 357(4)(a) - Brew v Neptar Jam [2015] VSC 762 - Perakis v Secretary to the Department of Transport, Planning and Local Infrastructure (2017) 55 VR 367 - Acir v Frosster Pty Ltd [2009] VSC 173 - Accident Compensation Act 1985 (Vic).

STATUTORY INTERPRETATION - Context and purpose - Interpretation of Legislation Act 1984 (Vic), s 36(2A) - SAS Trustee Corp v Miles (2018) 265 CLR 137 - Jolin Nominees Pty Ltd v Daniel Investments (Aust) Pty Ltd [2022] VSCA 209 - Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355.

Citation: