Bucknall v. Guardianship and Administration Tribunal & Ors (No. 2)

Case

[2009] QSC 127

2 June 2009


SUPREME COURT OF QUEENSLAND

CITATION:

Bucknall v Guardianship and Administration Tribunal & Ors (No. 2)  [2009] QSC 127

PARTIES:

HISAKO BUCKNALL
(applicant)
v
GUARDIANSHIP AND ADMINISTRATION TRIBUNAL
(first respondent)
PUBLIC TRUSTEE QUEENSLAND
(second respondent)
PUBLIC ADVOCATE
(third respondent)

FILE NO:

3273/09

DIVISION:

Trial Division

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

2 June 2009

DELIVERED AT:

Brisbane

HEARING DATE:

15 April 2009

JUDGE:

Byrne SJA

ORDER:

Application dismissed.

CATCHWORDS:

MENTAL HEALTH – GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – where application for declaration of capacity for financial matters – where application heard concurrently with appeal against decision of Guardianship and Administration Tribunal – where no utility of relief in light of outcome of appeal

COUNSEL:

Mr S J Keim SC for the applicant

Ms J Brasch for the third respondent 

SOLICITORS:

Carne Reidy Herd Lawyers for the applicant

The Public Advocate for the third respondent

  1. By this application, Mrs Bucknall seeks a declaration that she has capacity for all financial matters.

  1. In view of the outcome today of Mrs Bucknall’s appeal in matter 12035 of 2008, there is no utility in the relief sought.

  1. Accordingly, the application is dismissed.

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