Ng & NC v TR

The applicants, Ng & NC, sought to challenge a decision of the tribunal regarding the appointment of an adult guardian for NE, and the validity of an enduring power of attorney executed by NE in favour of TR. The tribunal had determined that NE lacked the capacity to revoke the enduring power of attorney or appoint another attorney. Furthermore, the tribunal appointed the Adult Guardian to administer personal and health matters on behalf of NE. The applicants argued that the tribunal erred in finding that NE lacked capacity and allowed TR to continue as attorney.

The central legal issues revolved around whether the tribunal made errors of fact or mixed fact and law in determining NE's capacity and whether leave to appeal should be granted. The applicants contended that the tribunal should have found NE had capacity to revoke the enduring power of attorney and appoint a new attorney, and that the tribunal's decision allowed TR to continue as attorney despite NE's incapacity.

The court considered the evidence presented before the tribunal, including medical reports and testimony. The court concluded that the tribunal did not err in finding that NE lacked capacity to revoke the enduring power of attorney or appoint a new attorney. The tribunal's findings were based on substantial evidence and a reasonable interpretation of the law. The court also found that the tribunal's decision to appoint the Adult Guardian was in line with the law and the best interests of NE. Consequently, the court denied the applicants' application for leave to appeal.

The court ordered that the audit report referred to in the order of Fryberg J made on 20 July 2010 in BS 7088/10 be provided to the Queensland Civil and Administrative Tribunal (QCAT).