Woolworths Ltd v Lister [2004] NSWCA 292

New South Wales Court of Appeal

CITATION : Woolworths Ltd v Lister [2004] NSWCA 292 HEARING DATE(S) : 16 July 2004 JUDGMENT DATE : 27 August 2004

JUDGMENT OF : Handley JA at 1; Beazley JA at 36; Ipp JA at 37 DECISION : 1. Appeal allowed.; 2. Award of Compensation Court set aside and in lieu thereof order that the application for determination be dismissed.; 3. No order as to the costs of the appeal.; 4. The respondent is to have a certificate under the Suitors' Fund Act 1951.; 5. Liberty to the appellant to apply, on 7 days notice to the WorkCover Authority, for an order that the Authority reimburse it for any weekly compensation payments made under the award that accrued after it was made.

CATCHWORDS : COSTS - appeal succeeding on point not raised below - appellant not entitled to costs of appeal - STATUTE - construction - reference to Act - Act repealed and re-enacted with modifications - Interpretation Act 1987 - reference to Act later repealed construed as reference to Act which re-enacted repealed Act with modifications LEGISLATION CITED : Interpretation Act 1987 s 68(3) Workers Compensation Act 1987 s 42(8) Blue Metal Industries Ltd v Dilley [1970] AC 827 Hill v Villawood Sheet Metal Pty Ltd [1970] 2 NSWR 434 NRMA Insurance Ltd v B & B Shipping & Marine Salvage Co Pty Ltd (1947) 47 SR (NSW) 273 CASES CITED : Rizzi v Grazcos Co-operative Ltd (1981) 153 CLR 669 Sin Poh Amalgamated (HK) Ltd v Attorney General of Hong Kong [1965] 1 WLR 62 Stevens v The General Steam Navigation Co Ltd [1903] 1 KB 890 Vela Fishing Ltd v Commissioner of Inland Revenue [2004] 1 NZLR 313 Winter v Ministry of Transport [1972] NZLR 539 PARTIES : Woolworths Ltd (Claimant) Ruth Ann Lister (Opponent) FILE NUMBER(S) : CA 41126/03 COUNSEL : R Kenzie QC/J Taylor (Claimant) P Stockley (Opponent) SOLICITORS : Moray & Agnew (Claimant) Kennedy & Cooke (Opponent)