A trial judge hearing a serious injury application is not bound to accept unchallenged affidavit evidence of a witness where the respondent required the witness's attendance for cross-examination but elected not to cross-examine, if the version of events in the unchallenged evidence has already been discredited through cross-examination of another witness. The payment of medical expenses under s 99 of the Accident Compensation Act 1985 may constitute an admission of organic compensable injury, but such an admission is only one piece of evidence and cannot overcome adverse credibility findings on the 'at least very considerable' test. Fokas v Staff Australia Pty Ltd applied long settled principles and did not establish any new principle.
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