Dennison v the Public Trustee

[2001] QCA 125

[2001] QCA 125

COURT OF APPEAL

McMURDO P
McPHERSON JA
HOLMES J

Appeal No 725 of 2001

MICHELLE ANGELIQUE DENNISON         Appellant (Applicant)

and

THE PUBLIC TRUSTEE               Respondent (Respondents)

BRISBANE

..DATE 02/04/2001

JUDGMENT

THE PRESIDENT:  This is an application for an extension of time to appeal against an order made by a Judge of the Trial Division transferring the applicant's application in the Trial Division of the Supreme Court to the Guardianship and Administration Tribunal.

The applicant is represented today and was before the primary Judge by her father and litigation guardian,
Mr Cyril Dennison, who is not a lawyer. 

No reasons were given for the order made which, whilst not formally a consent order, was apparently not opposed at first instance.  Mr Nickel, counsel appearing for the respondent, today concedes that the order made by the primary Judge at the request of the respondent may indeed be wrong and informs us that is the view he has formed at this stage. 

In those circumstances, particularly where the applicant today has given an explanation for his delay in filing the appeal, it seems to me the extension of time should be given. 

I would extend the time for filing the appeal until today.  I would allow the appeal to the extent of setting aside the order of the primary Judge of 7 November 2000.  I would remit the matter to the Trial Division of the Supreme Court for determination and I would reserve the costs of and incidental to this application and appeal to the Judge who hears the matter.

McPHERSON JA:  I agree.

HOLMES J:  I agree.

THE PRESIDENT:  They are the orders of the Court.

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