Victorian Reports - Authoritative Law Reports Since 1870

CITYWIDE SERVICE SOLUTIONS PTY LTD v ROSATA and Another

|Beach and R Osborn JJA, Forbes AJA

76 VR 499

CITYWIDE SERVICE SOLUTIONS PTY LTD v ROSATA and Another KABBOUT v CROWN MELBOURNE LTD and Another Court of AppealBeach and R Osborn JJA, Forbes AJA 9, 21 November 2023[2023] VSCA 281Tort — Threshold for claim for non-economic loss — Significant injury — Determination of significant injury by medical panel in cases involving more than one defendant — Whether medical panel determination made after referral by one defendant binds other defendants not parties to the referral — Whether Wrongs Act 1958 (Vic) pt VBA permits multiple medical panel determinations in cases involving more than one defendant — Whether pt VBA permits issue of significant injury to be determined differently in respect of different defendants against whom same claim is made — Wrongs Act 1958 (Vic), pt VBA.

In Citywide v Rosata (Rosata proceeding), R alleged that he suffered injury when he tripped and fell while walking on a raised section of footpath. He claimed damages from the City of Melbourne and from Citywide. In the Kabbout proceeding, K alleged that he slipped and fell at the premises of Crown Melbourne Ltd. He claimed damages from Crown and from Ikon Services Australia Pty Ltd.

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