H v First State Super FSS Trustee Corporation [2003] NSWIRComm 293

H v First State Super FSS Trustee Corporation [2003] NSWIRComm 293

The appellant has established, on the balance of probabilities, a level of incapacity, both physical and psychiatric, that renders her permanently unable to be employed in any remunerative occupation in which it would otherwise be reasonable to expect her to engage. This state of incapacity entitles her to an...

Source-derived case information.

Parties
Appellant: H; Respondent: First State Super FSS Trustee Corporation
Jurisdiction
Australia
Judgment Date
16 September 2003
Procedural Posture
Superannuation Appeal / Judgment on Appeal From Trustee's Determination
Outcome
Appeal upheld
Legal Topics
Invalidity Benefits, Permanent Incapacity, Statutory Interpretation, Trustee Duties
Superannuation Law Industrial Law Invalidity Benefits Permanent Incapacity Statutory Interpretation Trustee Duties

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Parties

H

Appellant

First State Super FSS Trustee Corporation

Respondent

Procedural Posture

Superannuation Appeal / Judgment on Appeal From Trustee's Determination

Legal Issues

  1. 1 Whether the appellant ceased employment on the ground of permanent incapacity or invalidity within the meaning of the First State Superannuation Act 1992
  2. 2 Whether the incapacity must be work-related
  3. 3 Whether the appellant is entitled to a higher level of invalidity cover

Ratio Decidendi

The appellant has established, on the balance of probabilities, a level of incapacity, both physical and psychiatric, that renders her permanently unable to be employed in any remunerative occupation in which it would otherwise be reasonable to expect her to engage. This state of incapacity entitles her to an invalidity benefit under ss37 and 38 of the First State Superannuation Act 1992, limited to the self-insured cover amount applicable at the time of cessation of employment.

Court Disposition

Appeal upheld

Orders

  • The appellant qualifies for an invalidity payment under ss37 and 38 of the First State Superannuation Act 1992.
  • The amount of cover is $29,000.00, not a higher amount.