Adamson v Enever

In the case of Adamson v Enever, the plaintiff sought a determination from the Supreme Court regarding her capacity to manage the settlement funds from a motor vehicle accident. The settlement stipulated that the plaintiff must apply to the court for a capacity assessment and, if found not to have impaired capacity, an order sanctioning the settlement. The central issue was whether the plaintiff was a "person under a legal disability" under s 59(1A) of the Public Trustee Act 1978, and if she had impaired capacity relevant to managing the settlement funds.

The court examined the plaintiff's capacity to make decisions independently and communicate them, as outlined in the Queensland Law Reform Commission's review of guardianship laws. The plaintiff, Mrs. Adamson, had a history of financial difficulties and limited education but demonstrated a reasonable understanding of her financial situation and the purpose of the settlement funds. She had managed a family budget and lived a frugal life, indicating a basic understanding of financial management. The court found that Mrs. Adamson was capable of making decisions about her finances and was likely to seek assistance from a professional or trusted individual if needed.

Consequently, the court ruled that the plaintiff was not a "person under a legal disability" as defined by the Public Trustee Act 1978, and she did not have impaired capacity regarding financial or legal matters relevant to managing the settlement sum. The court sanctioned the settlement, allowing Mrs. Adamson to retain and manage the funds without court-appointed oversight.