Ambulance officers' retrieval records recording their assessment of what happened at a scene may be admissible as lay opinion evidence under s 78 of the Evidence Act 1995 (NSW) where the opinion is based on their observation and is necessary to obtain an adequate account of their perception. Section 50(2) and s 50(3) of the Civil Liability Act 2002 (NSW) operate as distinct inquiries: s 50(2) asks whether the injury was likely to have occurred to a non-intoxicated person, while s 50(3) asks whether intoxication played any part in causing the injury. Future medical out-of-pocket expenses should not be reduced on the assumption that Medicare rebates will be available, having regard to s 18 of the Health Insurance Act 1973 (Cth).
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