Greenway v Apap

The appeal concerned a personal injury claim brought by the appellant, Greenway, against the respondent, Apap. The dispute arose from the assessment of damages awarded by the trial judge, which the appellant argued were inadequate. The matter was heard on appeal by Meagher JA and McClellan J.

The central legal issues before the appellate court were whether the trial judge had erred in assessing the appellant's injuries and disabilities, and whether the medical evidence had been properly evaluated. Further questions arose regarding the adequacy of the awards for economic loss and future medical expenses, and whether the trial judge was entitled to consider the appellant's mitigation steps and the potential for improvement post-litigation. The court also considered whether the trial judge had provided adequate reasons for the decision and whether an award under s 79A of the *Motor Accidents Act* was justified. Finally, the court addressed the issue of costs, specifically whether the appellant should be denied an order for costs due to tendering evidence at trial that had not been presented to the arbitrator.

The appellate court found no error in the trial judge's assessment of the appellant's injuries, disabilities, or the evaluation of the medical evidence. The judges were satisfied that the trial judge had properly considered all relevant factors, including mitigation efforts and the potential for future improvement, and had provided adequate reasons for the decision. The award under s 79A of the *Motor Accidents Act* was also upheld.

The appeal was dismissed with costs, and the cross-appeal was also dismissed with costs.