PL v PT & Ors

PL appealed against the Queensland Civil and Administrative Tribunal’s (QCAT) dismissal of their application for a declaration that they had capacity to make their own financial decisions. The appeal was heard by the Queensland Court of Appeal. The primary legal issues before the Court were whether the Tribunal had made adequate findings and given adequate reasons for its decision, and whether the Tribunal had applied the correct test for capacity, observed natural justice and observed relevant principles of law. The Court found that the Tribunal had failed to make adequate findings and provide adequate reasons for its decision. The Tribunal had not considered certain evidence relevant to capacity and had not applied the correct test for capacity. The Court also found that the Tribunal had not observed natural justice by failing to provide adequate reasons for its decision.

The Court concluded that the Tribunal’s decision was affected by error of law. The appeal was allowed, the Tribunal’s decision was set aside, and the application for a declaration about capacity was remitted to the Tribunal for a fresh hearing. The Court ordered that the application for a declaration about capacity be heard by another QCAT member who had not previously determined applications about PL. The Court also ordered that the Tribunal initiate a review of the appointment of PL’s administrator at the same time as the application for a declaration about capacity.