NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : H v First State Super FSS Trustee Corporation [2003] NSWIRComm 293 revised - 23/04/2012 APPELLANT H PARTIES : RESPONDENT First State Super FSS Trustee Corporation FILE NUMBER: IRC5864 of 2002 CORAM: Peterson J CATCHWORDS : Superannuation - Superannuation appeal - Whether employment ceased on ground of permanent incapacity or invalidity - No requirement that incapacity derived from work - Back injury at work exacerbating pre-existing depressive state - Medical and other direct evidence considered - Appeal upheld. Superannuation Administration Act 1996 LEGISLATION CITED : First State Superannuation Act 1992 Industrial Relations Act 1996 CASES CITED : Riley v The National Mutual Life Association of Australia Limited (1986) 4 ANZ Insurance Cases pars. 60-684 Chammas v Harwood Nominees Pty Ltd (1993) 7 ANZ Insurance Cases pars. 61-175 HEARING DATES: 06/10/2003; 06/11/2003; 06/13/2003 DATE OF JUDGMENT: 09/16/2003
APPELLANT Mr J J Young of counsel
SOLICITOR Higgins & Higgins LITHGOW. LEGAL REPRESENTATIVES: RESPONDENT Mr L J Ellison of counsel
SOLICITOR SAS Trustee Corporation.
JUDGMENT: - 26 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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