In serious injury appeals under s 134AD of the Accident Compensation Act 1985, the Court of Appeal must decide the serious injury question for itself without first demonstrating error, including resolving credibility issues. The conventional Fox v Percy appellate caution regarding credibility findings does not apply in its usual form to such appeals. Trial judges must identify the material relied upon by parties on credibility issues and describe any in-court observations bearing on witness credibility, so that the Court of Appeal can perform its independent assessment.
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