WC Nominal Insurer v Sako [2025] NSWCA 12
‘Hitting the target’ is an old phrase heard more and more6. It signifies two things. First, that a solution be sought which coherently gives effect to statutory purpose. Second, that there is a constructive duty on all interpreters to try to hit the legislative target.
The issue in Sako was which statutory regime covered compensation for silicosis conditions7. McHugh JA (at [60]) pointed out that ‘no issue of missing a target can arise unless the target is first identified’ (which is obvious). It was held that the plaintiff, in seeking to expand coverage of the legislation, had mis-identified the target. Just because a statute is beneficial does not mean all of its provisions are to be read this way.
This principle is from Episode 119 of interpretation NOW!
Footnotes:
6 Forestry [2025] HCA 15 [39], Wass [2023] NSWCA 71 [4] illustrate.
7 s 170 of the Workers Compensation Act 1987 (NSW).