Mears v Coles Myer Ltd

The case of Mears v Coles Myer Ltd involved the interpretation of section 182D of the Workers’ Compensation Act 1990 (Qld). The plaintiff, Mears, sought to argue that the term "approved form" in section 182D, which was repealed by the WorkCover Queensland Act 1996, should still be considered valid and enforceable. The dispute arose from an incident where Mears, an employee of Coles Myer Ltd, was injured while performing his duties. The central issue was whether the repealed section could be applied to determine the employer’s liability in relation to the compensation claim. The court was required to decide whether the repealed section retained any legal effect and if it could be invoked to address the employer's obligations concerning the compensation claim.

The legal issues focused on the interpretation and applicability of a repealed statute, specifically whether section 182D of the Workers’ Compensation Act 1990 (Qld) remained effective post-repeal. The court needed to examine whether the term "approved form" retained its intended meaning and if it could be applied to the present circumstances. Additionally, the court had to consider the implications of the repeal of section 182D and whether it extinguished any continuing obligations under the repealed section.

In resolving the matter, the court held that the repeal of section 182D by the WorkCover Queensland Act 1996 effectively nullified any continuing obligations or interpretations associated with the repealed section. The court reasoned that the repeal of a statute signifies the legislature's intention to discontinue the legal effects of the repealed provisions. Therefore, the term "approved form" in section 182D no longer held any legal relevance or enforceability in the context of the present compensation claim. The court concluded that the plaintiff’s argument was unfounded, and the employer was not bound by the repealed section. The appeal was dismissed, and the parties were directed to submit written submissions regarding the costs within seven days.