Workers who filed applications for leave to commence common law damages proceedings under s 93D(4) of the Workers' Compensation and Rehabilitation Act 1981 (WA) but whose applications were not determined before the repeal on 5 October 1999 have no preserved right to obtain leave. The mere filing of an application, without a determination, does not create a right that is 'acquired' or 'accrued' within s 37(1)(c) of the Interpretation Act 1984 (WA). The power to antedate orders under O 42 r 2 cannot be used to circumvent this result.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.