i. Omitting from the judgment amount of damages the sum of money paid by the Respondents insurer, on behalf of the Respondent, to the Appellant, being $4,909.00, on account of out of pocket expenses incurred by the Appellant as a consequence of injuries suffered as a result of the Respondent's negligence.
ii. Awarding manifestly inadequate general damages to the Appellant.
iii. Finding that the Appellant's injury was for a closed period of no more than about 18 months
iv. Assessing general damages (and interest), past out of pocket expenses (and interest thereon), future out of pocket expenses, past economic loss (and interest thereon), future economic, and past and future domestic assistance damages by failing to give any weight or by giving insufficient weight to the evidence of:
the Appellant's lay witnesses;
the Appellant's treating doctors;
Dr McNicol and Dr Stubbs;
the Centrelink Job Capacity Assessment
v. Finding that there was no evidence as to what employment might have been available to the appellant for the period of his residual capacity for work.
vi. Failing to give proper weight to the evidence that the appellant was picking up supplies relating to his employment or potential employment on the day of the accident and, as a consequence, making an inadequate award for economic loss.
vii. Discounting the award made for past economic loss and awarding a buffer based upon a finding it was improbable that employment would be available to the Appellant that would meet his residual capacity for work as assessed by the Centrelink Job Capacity Assessment
viii. Preferring the evidence of Mr Kazanc Senior over that of the Appellant and Mr Shukru Kazanc ("Mr Kazanc Junior") in relation to the Appellant's employment at the Turkish Pide House in Jamison;
ix. Failing to properly consider the evidence of Vivien Schraeder [sic] in relation to the domestic assistance the Appellant required, and, as a consequence, made an inadequate award for gratuitous assistance.