Where a respondent's account of pre-accident and post-accident condition is unchallenged and medical opinions are not in issue, a trial judge's reasons in a serious injury application may be adequate even without express findings on each pre-existing condition, provided the path of reasoning can be necessarily inferred. No Jones v Dunkel inference arises from failure to call a witness where the matters upon which that witness could have spoken have not been put in issue at trial.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.
2 of the 32 citing cases carry a classified treatment. How each court treated it is available to signed-in members.