Acebrook Corporation Pty Ltd v McEWAN

[2014] WASCA 162

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Election to retain right to seek damages
3. › Termination day
4. › Extension of termination day
5. › Maximum period of extension
6. › Calculation of 'last day of the period of one year after' a specified day
7. › Whether primary judge erred in counting
8. › Workers' Compensation and Injury Management Act 1981 (WA), ss 93K, 93L, 93M(1), (4), (6)
1. Statutory Interpretation
2. › Computation of time
3. › Period reckoned 'after' a specified day
4. › Exclusion of specified day
5. › Calculation of period of months
6. › Whether period of one year after 29 June 2009 ended on 29 June 2010 or 30 June 2010
7. › Interpretation Act 1984 (WA), ss 61(1)(b), 62(1), 62(3)
1. Practice and Procedure
2. › Costs
3. › Costs follow the event
4. › Whether appeal rendered hypothetical by intervening registration of election
5. › Indemnity certificate
6. › Appeal on question of law of general application
7. › Suitors' Fund Act 1964 (WA), s 10(1)

Quick Take

When computing 'the last day of the period of one year after' a specified day under s 93M(1) and s 93M(6) of the Workers' Compensation and Injury Management Act 1981 (WA), the specified day is excluded under s 61(1)(b) of the Interpretation Act 1984 (WA), and the period is then calculated under s 62(3) by running from the next day to the date numerically corresponding, less one, in the twelfth successive month. A period of one year after 29 June runs from 30 June and ends on 29 June of the following year, not 30 June.