'H' v First State Super FSS Trustee Corporation [2003] NSWIRComm 395

Industrial Relations Commission of New South Wales in Court Session

CITATION : 'H' v First State Super FSS Trustee Corporation [2003] NSWIRComm 395 APPELLANT Ms 'H' PARTIES : RESPONDENT First State Super FSS Trustee Corporation FILE NUMBER: IRC5864 of 2002 CORAM: Peterson J CATCHWORDS : Superannuation - Superannuation Appeal - Orders - Quantification - Money Value - Interest. LEGISLATION CITED : First State Superannuation Act 1992 HEARING DATES: 11/07/2003 DATE OF JUDGMENT: 11/14/2003

APPELLANT Mr I J Collins

SOLICITOR Higging & Higgins LITHGOW. LEGAL REPRESENTATIVES: RESPONDENT Mr L J Ellison of counsel

SOLICITOR SAS Trustee Corporation

JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

IN COURT SESSION

CORAM: PETERSON J

DATE: 14 NOVEMBER 2003 Matter No. IRC5864 of 2002

H v FIRST STATE SUPER FSS TRUSTEE CORPORATION

Application by Ms H to appeal against the decision of the First State Super FSS Trustee Corporation given on 28 May 2002. SUPPLEMENTARY JUDGMENT

1 This matter was the subject of a primary judgment given on 16 September 2003 concerning the appellant's claim, by way of appeal, for the payment of an invalidity benefit due to her alleged permanent incapacity for any form of relevant employment.

2 The conclusion was drawn that the appellant, now referred at her request and with the consent of the respondent as Ms 'H', was entitled to an order to the effect that she is totally and permanently incapacitated pursuant to s 38(1) of the First State Superannuation Act 1992.