Dennison v the Public Trustee Summary

[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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CaseChat Overview and Summary

The case of Dennison v the Public Trustee involved an application for an extension of time to appeal against an order made by a Judge of the Trial Division. Michelle Angelique Dennison, the appellant, sought to appeal the order transferring her application from the Trial Division of the Supreme Court to the Guardianship and Administration Tribunal. The appellant was represented by her father and litigation guardian, Mr Cyril Dennison, who is not a lawyer. The Public Trustee, the respondent, did not oppose the order at first instance, and no reasons were given for the order.

The legal issues before the Court of Appeal included whether the extension of time for filing the appeal should be granted and whether the order transferring the application was correct. Counsel for the respondent conceded that the order made by the primary Judge might indeed be incorrect. The Court had to decide if the appellant's explanation for the delay in filing the appeal was sufficient to warrant an extension of time and whether the appeal should be allowed to set aside the primary Judge's order.

The Court of Appeal decided to grant the extension of time for filing the appeal. They found the appellant's explanation for the delay to be acceptable and allowed the appeal to set aside the primary Judge's order of 7 November 2000. The matter was remitted to the Trial Division of the Supreme Court for further determination. The Court reserved the costs of and incidental to this application and appeal to the Judge who hears the matter. All members of the Court of Appeal, McMurdo P, McPherson JA, and Holmes J, agreed with the decision.

Dennison v the Public Trustee

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established