Lu v Heinrich

The appeal in *Lu v Heinrich* concerned a motor vehicle accident where the appellant, Mr. Lu, was injured when his stationary vehicle was struck from behind by the respondent's vehicle. Liability and the absence of contributory negligence were admitted, with the dispute centering on the extent of Mr. Lu's physical and psychiatric injuries and their causal connection to the accident. The primary judge had rejected Mr. Lu's contentions regarding the severity of his physical injuries and the existence of a psychiatric condition linked to the collision, leading to Mr. Lu's appeal to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge's reasons adequately engaged with the medical evidence presented by Mr. Lu concerning the extent of his injuries and the causal link to any psychiatric condition, and whether the fact-finding process had miscarried. The court was also required to consider whether these issues constituted a substantial miscarriage of justice, warranting a new trial.

The Court of Appeal found that the primary judge's reasons did not sufficiently address the conflicting medical reports and the appellant's case as presented by his counsel. The court highlighted the obligation of legal practitioners to assist the trial judge in resolving such conflicts. By failing to adequately engage with the appellant's medical evidence and the arguments put forward, the primary judge's fact-finding process was deemed to have miscarried.

Consequently, the appeal was allowed. The orders made by the District Court on 12 November 2012 were set aside, and the matter was remitted to the District Court for a new trial limited to the assessment of damages. The costs of the first trial were left to the discretion of the judge presiding at the second trial, while the respondent was ordered to pay the appellant's costs of the appeal.