KB v The Public Trustee of Queensland

KB, an adult with impaired decision-making capacity, sought to appeal a decision of the Public Trustee of Queensland. The dispute centred on the Public Trustee's refusal to amend a statutory will. The Court of Appeal was tasked with determining several legal issues, including whether an interim order in the nature of a stay should be made pending the determination of an appeal and what the requirements for such an order were. The Court also needed to consider the application for leave to amend the grounds of appeal.

The Court of Appeal considered the exceptional circumstances required for granting an interim stay order. The Court found that the applicant had not met the threshold for an interim stay. The Court reasoned that the application did not establish any exceptional circumstances warranting a stay. The Court further noted that the applicant had not demonstrated that they would suffer significant prejudice if the stay was not granted. The Court held that the application to stay the decision dated 27 July 2020 was refused.

The Court granted the application for leave to amend the ground of appeal and extended the time for filing the amended application for leave to appeal or appeal to 26 November 2020. The Court also granted the application for leave to amend the application to stay the decision. Unless otherwise ordered, the publication of information that may lead to the identification of the adult by the public or a section of the public is prohibited.