EG v SAZ

[2006] QCA 65

COURT OF APPEAL

McMURDO P

Appeal No 9522 of 2005

DC No 238 of 2005

EF AS LITIGATION GUARDIAN

FOR EG	Applicant/Appellant
and
SAZ	Respondent/Respondent
BRISBANE DATE 10/03/2006
ORDER

THE PRESIDENT: Well, in those circumstances, the respondent has been notified of the hearing today. Has not appeared. The parties present request that the appeal be struck because the original order made is a nullity. That is plainly the appropriate order in the circumstances. The application for an extension of time within which to appeal is struck out.

You are not asking for an order as to costs, Mr Boustead?
MR BOUSTEAD: No.
THE PRESIDENT: That is the order of the Court.

The matter before the Queensland Court of Appeal was an appeal by the litigation guardian of EG against the decision of the trial judge. The original dispute involved an application for a declaration that EG was mentally incapable of managing her own affairs, and the appointment of a litigation guardian. The respondent, SAZ, sought to overturn the trial judge's decision. The Court of Appeal had to determine whether the appeal was valid and whether the original order made by the trial judge was a nullity.

The primary legal issue before the Court of Appeal was whether the appeal was valid and if the original order made by the trial judge was a nullity. The Court also needed to consider whether the respondent had valid grounds for seeking an extension of time within which to appeal. The Court of Appeal had to examine the circumstances under which the original order was made and determine if the respondent had complied with the necessary legal requirements for an appeal.

The Court of Appeal found that the respondent had not appeared at the hearing and had not provided any grounds for the appeal. The Court considered that the original order made by the trial judge was a nullity because the respondent had not complied with the necessary legal requirements for an appeal. The Court also found that the application for an extension of time within which to appeal was not valid. The Court concluded that the appropriate order was to strike out the appeal and the application for an extension of time.

The Court of Appeal ordered that the appeal be struck out and the application for an extension of time be dismissed. The Court also noted that no order was being made as to costs. The Court found that the original order made by the trial judge was a nullity, and the respondent had not complied with the necessary legal requirements for an appeal. The Court concluded that the appropriate order was to strike out the appeal and the application for an extension of time.

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Legal Principle Established