Section 136 of the Motor Accidents Compensation Act 1999 (NSW) on mitigation of damages is to be construed consistently with the common law principles on mitigation and with the approach taken under the predecessor provision, s 39 of the Motor Accidents Act 1988 (NSW). Awards for future attendant care and case management must be supported by the medical evidence as a whole, not merely by a single expert report, and cumulative awards should be tested against the overall picture of the claimant's capacity for independent living. A claimant's cognitive disabilities may provide a cogent explanation for failure to seek employment during the litigation period.
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