PF v Public Guardian and Rd

CITATION:

PF v Public Guardian and RD [2017] QCATA 107

PARTIES:

PF
(Applicant/Appellant)

v

The Public Guardian
RD

(Respondent)

APPLICATION NUMBER:

APL306-15

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Allen, Presiding
Member Joachim

DELIVERED ON:

29 September 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The Appeal Tribunal sets aside the decision of the learned Member and returns it to him for reconsideration at an oral hearing of additional evidence as follows:

a)     From Dr J regarding whether in the light of the adult’s estimate of her assets to him and his assessment of her generally as outlined in his report of 31 July 2013:

i)   GHA would have had the capacity to transfer half-ownership of her property at West End to her daughter RD on 15 August 2013;

ii)   She would have had the capacity to execute a deed of gift for her daughter in the amount of $100,000.00 on 28 November 2013;

iii)    She would have had the capacity to loan $300,000.00 to her son GHS on 13 February 2014;

b)     From Dr J, whether he canvassed the possibility of gifts of real property and loans of money with her, generally or specifically, during his consultation with her on 30 July 2013;

c)     From Dr J, how he was assisted in obtaining the information from the adult, given he is unable to converse in Greek;

d)     From RD regarding the nature and timing of discussions she held with the adult regarding the property transfer from the adult to herself, the gift to Dimitra and the loan to Stavros.

e)     From Mr A, evidence regarding the change of instructions from a gift in  GHA’s will to transfer of property to  RD, the involvement of RD in those discussions, how the percentages in the will were established, and the extent to which GHA understood her assets and income at the material times she made the gifts of property and cash to her daughters and the loan to GHS

CATCHWORDS:

GUARDIANS, COMMITTEE, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – where tribunal declared that adult had capacity to enter certain transactions – where transactions were between adult and her attorney in one case and relatives of the attorney in other cases – where tribunal relied upon evidence from a doctor – where solicitor provided written evidence to tribunal – where tribunal member determined not to seek further evidence – whether tribunal had all relevant information and material before it – whether tribunal correctly applied presumption of undue influence

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN APPEAL LIES

Guardianship and Administration Act 2000 (Qld), s 130, s 146, Schedule 4
Powers of Attorney Act 1998 (Qld), s 87, Schedule 3
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 142, s 146
GHA [2015] QCAT 262
House v R (1936) 55 CLR 499

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative…