Thomas Flatley v SAS Trustee Corporation [2004] NSWIRComm 171

Thomas Flatley v SAS Trustee Corporation [2004] NSWIRComm 171

The applicant was suffering from post traumatic stress disorder and major depression at the relevant time; both conditions contributed to his incapacity to work. The evidence, particularly from Dr Altman and Dr Wright, supported that symptoms of both disorders were operative and incapacitating, and findings were consistent with the DSM-IV diagnostic criteria and the legal principles from SAS Trustee Corporation v Daykin. Adjustment disorder was not present.

Jurisdiction
Australia
Judgment Date
21 June 2004
Procedural Posture
Superannuation Appeal / Judgment
Outcome
Appeal allowed; orders sought granted
Legal Topics
['post Traumatic Stress Disorder' 'major Depression' 'police Superannuation' 'causation of Incapacity' 'competing Medical Evidence']
['industrial Relations' 'superannuation Law' 'employment Law'] ['post Traumatic Stress Disorder' 'major Depression' 'police Superannuation' 'causation of Incapacity' 'competing Medical Evidence']

Case Brief

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Procedural Posture

Superannuation Appeal / Judgment

Legal Issues

  1. 1 ['Whether the applicant suffered from post traumatic stress disorder' 'Whether post traumatic stress disorder contributed to incapacity to work']

Ratio Decidendi

The applicant was suffering from post traumatic stress disorder and major depression at the relevant time; both conditions contributed to his incapacity to work. The evidence, particularly from Dr Altman and Dr Wright, supported that symptoms of both disorders were operative and incapacitating, and findings were consistent with the DSM-IV diagnostic criteria and the legal principles from SAS Trustee Corporation v Daykin. Adjustment disorder was not present.

Court Disposition

Appeal allowed; orders sought granted

Orders

  • ['Appellant granted orders sought' "Respondent to pay appellant's costs as agreed or assessed"]