Where a worker has applied for leave to commence common law damages proceedings under the former s 93D of the Workers' Compensation and Rehabilitation Act 1981 (WA), has been refused leave, and has instituted an appeal before the assent day of the 1999 Amendment, the appeal is to be determined under the former provisions by virtue of s 37 of the Interpretation Act 1984 (WA). The transitional provision in s 32(7) of the 1999 Amendment does not constitute a contrary intention excluding s 37. On leave applications, where there is material conflict in the evidence, the court should act on the view reasonably open on the evidence which most favours the applicant, but this is distinct from placing the best possible interpretation on the evidence for the applicant.
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