Greenway v Apap & Anor [2002] NSWCA 347

New South Wales Court of Appeal

CITATION : Greenway v Apap & Anor [2002] NSWCA 347 FILE NUMBER(S) : CA 40972/01 HEARING DATE(S) : 26 September 2002 JUDGMENT DATE : 26 September 2002

Philip Adrian Greenway (Appl) PARTIES : Vincent Apap (1st Resp) CSR Limited (t/as The Readymix Group) (2nd Resp) JUDGMENT OF : Meagher JA at 51; McClellan J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT DC 1512/00 FILE NUMBER(S) : LOWER COURT Balla DCJ JUDICIAL OFFICER :

COUNSEL : A Lakeman/D J Price (Appl) L King SC (Resps) SOLICITORS : G H Healey & Co - Blacktown (Appl) Vardenega Roberts (Resp) CATCHWORDS : PERSONAL INJURY - whether there was a failure by the trial judge to assess the appellant's injuries and disabilities - whether there was a failure by the trial judge to properly evaluate the medical evidence - whether the amounts awarded for economic loss and future medical expenses were adequate - whether the trial judge was entitled to consider any mitigation steps taken by appellant - whether the trial judge was entitled to conclude that there may be an improvement by the appellant on completion of litigation - whether there was a failure by the trial judge to give adequate reasons - whether an award under s 79A Motor Accidents Act was justified - COSTS - appellant tendered evidence at trial which had not been tendered before the arbitrator - whether the appellant should be denied an order for costs LEGISLATION CITED : Motor Accidents Act 1988 s 79A, s 39(1); (2) Beale v Government Insurance Office (1997) 48 NSWLR 430 CASES CITED: Morgan v Johnson, unreported, Court of Appeal, 8 September 1998 MacDougall v Curlevski (1996) 40 NSWLR 430 DECISION : 1. Appeal dismissed with costs; 2. Cross appeal dismissed with costs.