Mandy Knight v First State Super FSS Trustee Corporation [2004] NSWIRComm 363

Industrial Relations Commission of New South Wales in Court Session

CITATION : Mandy Knight v First State Super FSS Trustee Corporation [2004] NSWIRComm 363 Applicant: PARTIES : Mandy Knight Respondent: First State Super FSS Trustee Corporation FILE NUMBER: IRC3666 of 2004 CORAM: Kavanagh J CATCHWORDS : Interest claim - superannuation benefit refused - error on part of trustee as to eligibility, benefit then paid on reconsideration - discretionary power of trustee to order interest if appropriate - interest provisions in Industrial Relations Act - interest in circumstances appropriate - claim allowed - declaratory relief granted LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 11/08/2004 EXTEMPORE JUDGMENT DATE : 11/08/2004

Applicant: Mr G.B. Beauchamp of counsel Solicitor: Mr C.J. Mickels LEGAL REPRESENTATIVES: Firths - The Compensation Lawyers Respondent: Solicitor: Mr S. Kennedy Turkslegal

JUDGMENT: - 8 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: KAVANAGH J Date : Monday 8 November 2004

IRC3666 of 2004 MANDY ELVIRA KNIGHT v FIRST STATE SUPER FSS TRUSTEE CORPORATION Application by Mandy Elvira Knight for declaratory relief under s154 of the Industrial Relations Act 1996 EX TEMPORE JUDGMENT [2004] NSWIRComm 363 1 The applicant, Mandy Elvira Knight, makes a claim for declaratory relief in the following form: 1. A declaration that the applicant is entitled to interest. 2. That the respondent be ordered to pay interest on the superannuation benefit of $53,507.62 at the Supreme Court rate of nine per cent per annum from 24 March 2003 to 12 March 2004. 3. Costs on an indemnity basis. 4. Any other orders that this honourable court deems fit. History 2 The applicant suffered injury to her back on 10 January 2000. She became totally incapacitated for work on 12 February 2000.