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

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

The benefit payable was fixed by the relevant superannuation scheme as $26,000, as the actual date of termination of employment was found to be 6 February 2000. Interest was awarded at the Supreme Court rate from that date on the sum of $26,000.

Jurisdiction
Australia
Judgment Date
14 November 2003
Procedural Posture
Superannuation Appeal / Supplementary Judgment After Primary Decision
Outcome
Appellant awarded lump sum benefit; interest granted.
Legal Topics
['invalidity Benefit' 'permanent Incapacity' 'interest on Payment']
['industrial Law' 'superannuation'] ['invalidity Benefit' 'permanent Incapacity' 'interest on Payment']

Case Brief

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Procedural Posture

Superannuation Appeal / Supplementary Judgment After Primary Decision

Legal Issues

  1. 1 ['Appropriate quantification of the lump sum superannuation benefit payable to the appellant' 'Entitlement to interest on the lump sum']

Ratio Decidendi

The benefit payable was fixed by the relevant superannuation scheme as $26,000, as the actual date of termination of employment was found to be 6 February 2000. Interest was awarded at the Supreme Court rate from that date on the sum of $26,000.

Court Disposition

Appellant awarded lump sum benefit; interest granted.

Orders

  • ['Appellant entitled to lump sum superannuation benefit of $26,000.' 'Interest payable at Supreme Court rate from 6 February 2000 on $26,000.']