Woolworths Ltd v Lister

Woolworths Ltd appealed to the Court of Appeal of New South Wales against an award made by the Compensation Court. The dispute concerned the interpretation of a statutory provision and its application to the respondent's claim for compensation.

The primary legal issue before the Court of Appeal was whether a reference in a statute to a repealed Act should be construed as a reference to the Act which re-enacted the repealed Act with modifications, particularly in light of the *Interpretation Act 1987* (NSW). A further issue arose regarding the costs of the appeal, given that the successful point of law was not raised in the court below.

The Court of Appeal held that the *Interpretation Act 1987* mandated that a reference to a repealed Act should be construed as a reference to the corresponding re-enacted Act. Applying this principle, the Court found that the Compensation Court had erred in its interpretation of the relevant legislation. Consequently, the appeal was allowed, the award of the Compensation Court was set aside, and the respondent's application for determination was dismissed. No order was made as to the costs of the appeal, but the respondent was granted a certificate under the *Suitors' Fund Act 1951*, and the appellant was given liberty to apply for reimbursement of certain weekly compensation payments.