Nuri Yuksel v SAS Trustee Corporation [2010] NSWIRComm 3

Industrial Court of New South Wales

CITATION: Nuri Yuksel v SAS Trustee Corporation [2010] NSWIRComm 3

PARTIES: Nuri Yuksel (Appellant) SAS Trustee Corporation (Respondent)

FILE NUMBER(S): IRC743 of 2009

CORAM: Kavanagh J

CATCHWORDS: APPEAL - Superannuation appeal pursuant to s 88 of the Superannuation Administration Act 1996 - claim for payment of accumulated superannuation funds plus interest not received since 1982 - appellant does not meet requisite standard of proof - no evidence the monies were not paid - contra-evidence from which it could be inferred monies were paid - no STC decision to appeal - appeal dismissed - no order as to costs

Superannuation Administration Act 1996 LEGISLATION CITED: Retirement Benefits Act 1972 Unpaid Money Act 1995

CASES CITED: Jovic v SAS Trustee Corporation [2007] NSWIRComm 102

HEARING DATES: 7 December 2009

DATE OF JUDGMENT: 5 February 2010

Mr N Yuksel (Appellant in person) LEGAL REPRESENTATIVES: Mr R S Blume, Solicitor, SAS Trustee Corporation (Respondent)

JUDGMENT:

- 10 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: KAVANAGH J Friday 5 February 2010

Matter No IRC 743 of 2009

Nuri YUKSEL v SAS Trustee Corporation Application by Nuri Yuksel to appeal against the decision of the SAS Trustee Corporation given on 11.2.2009

JUDGMENT [2010] NSWIRComm 3 1 Nuri Yuksel filed, on 20 May 2009, an appeal pursuant to s 88 of the Superannuation Administration Act 1996 (NSW) citing: I am appealing against the decision that the amount of $658.73 in 1982 under the then NSW Retirement Fund was paid to me by cheque(s) in October 1982; and the Respondent will not pay that $658.73 to me.