Due inquiry and search under s 34(1) of the Motor Accidents Compensation Act 1999 (NSW) does not require an injured person to request CCTV footage within 28 days of an accident; a reasonably informed member of the community cannot be expected to know that CCTV footage at an airport is retained for only 28 days. Where both a driver and pedestrian fail to keep a proper lookout, the moral culpability of the driver of a large vehicle weighs more heavily because the driver's failure may cause serious injury or death to innocent parties, whereas the pedestrian's failure risks only self-harm. An appellate court may re-exercise the discretion on apportionment where the primary judge treated multiple consequences of a single failure to keep a lookout as separate instances of negligence.
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