HOCP
[2010] QCAT 331
•5 July 2010
| CITATION: | HOCP [2010] QCAT 331 |
| PARTIES: | HOCP |
| APPLICATION NUMBER: | GAA4555-10 |
| MATTER TYPE: | Guardianship and administration matters |
| HEARING DATE: | 5 July 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 5 July 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Appointment of administrators is revoked |
| CATCHWORDS : | ADMINISTRATION – REVIEW – where limited appointment relating to personal injuries claim – where claim finalised – no further need – appointment revoked |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
HOCP (the adult) resides in Sweden. In 2005 while in Australia on a working holiday he was involved in a motor vehicle accident in which he sustained a severe head injury. After receiving treatment in a Brisbane hospital, he was repatriated to Sweden by his parents in October 2005. A claim for damages for personal injuries was commenced in Queensland on his behalf.
On 23 March 2006 the Guardianship and Administration Tribunal appointed AB and CD as administrators for HOCP for legal matters relating to the adult’s financial or property matters including the conduct of personal injury litigation for a period of five years.
From 1 December 2009 the Queensland Civil and Administrative Tribunal has replaced the Guardianship and Administration Tribunal. Orders made by the Guardianship and Administration Tribunal are taken to be orders of the Queensland Civil and Administrative Tribunal.
On 1 October 2009 the Supreme Court of Queensland sanctioned the finalisation of a claim for damages for personal injuries and ordered payment of the net settlement sum to AB in Sweden pursuant to his appointment as Forvaltare by the Linkoping District Court of Sweden on 14 August 2009. The payment of the net settlement sum was made in accordance with the court order in November 2009.
The appointment of the administrators is being reviewed by the Queensland Civil and Administrative Tribunal. When conducting a review of an appointment of an administrator, the Tribunal must take into account section 31 of the Guardianship and Administration Act 2000 (the Act) which provides that the Tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made.
The issue to be determined by the Tribunal is whether there is a continuing need for the appointment of administrators for HOCP in Queensland as the litigation, brought in Queensland, has been finalised.
Section 12 of the Act deals with the question of need for an appointment and provides, where relevant, as follows:
(1) The tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied—
(a) the adult has impaired capacity for the matter; and
(b) there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and
(c) without an appointment—
(i) the adult’s needs will not be adequately met; or
(ii) the adult’s interests will not be adequately protected…..
With the finalisation of the damages claim, there are no longer any decisions that have to be made for HOCP in Queensland. The management of the funds recovered in the damages claim will take place in Sweden where the funds were sent. The continued appointment in Queensland of administrators for HOCP is not necessary for the protection of his interests or to meet his needs.
The Tribunal is satisfied that there is no need for administrators to be appointed for HOCP in Queensland and the Tribunal revokes the appointment made on 23 March 2006.
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