Chancer’s claim falls flat: WorkCover defeats thoroughly dodgy pretender

Monger v Camwade Pty Ltd [2011] QSC 97

I refer you to the article by Carter Capner and the application of the statement by McMeekin J in Bell v Mastermyne Pty Ltd [2008] QSC 331 at [19]:

“….The assessment of damages for personal injury depends to a very large extent on a plaintiff’s honest reporting – of his or her symptoms; of their impact on the plaintiff’s life; of pre-existing problems; of the genuineness of effort to regain employment after injury; and of their capacity to maintain employment. These are all difficult issues for a defendant to thoroughly investigate and test. In truth no-one knows what level of pain an individual experiences and what impact that pain has on any particular plaintiff’s capacity to maintain their activities. Here it is known that the plaintiff was prepared to be dishonest for his financial advantage. In my view that permeates every aspect of the case.”

Brisbane Barrister – David Cormack

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