SZ v ME and MA

CITATION:

SZ v ME and MA [2018] QCATA 21

PARTIES:

SZ ( Applicant)

v

ME ( First Respondent)

MA ( Second Respondent)

APPLICATION NUMBER:

APL327-17

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Howard

Member Endicott

DELIVERED ON:

14 February 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

The application to stay a decision is refused

CATCHWORDS:

APPEALS AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where an Adult seeks to stay a declaration of capacity pending the outcome of an application for leave to appeal/appeal – where an Adult – where Adult revoked his Enduring Power of Attorney – where a declaration of capacity rendered the revocation of the Enduring Power of Attorney invalid -  where the Adult sought a stay of the declaration of capacity – whether a declaratory order is capable of being stayed – whether the rights conferred by a declaratory order can be stayed

Guardianship and Administration Act 2000 (Qld) s5, s 6
Powers of Attorney Act 1998 (Qld)

Arnhem Land Aboriginal Land Trust v Northern Territory of Australia [2007] FCAFC 31
Bergmann v Daw [2010] QCA 10
Bunnings Forest products Pty Ltd v Bullen [1994] FCA 1526
Mercanti v Mercanti [2015] WASCA 206
Re Sol Theo: Ex parte Sol Theo [1996] FCA 787
Roosters Club Inc v Northern Tavern Pty Ltd (no 2) [2003] SASC 143

APPEARANCES

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REPRESENTATIVES:
APPLICANT:	Represented by A Stolar from Stolar Law
RESPONDENTS:	Self-represented

REASONS FOR DECISION

1. On 8 August 2017, the Tribunal heard and determined applications about SZ. The applications were made under the Powers of Attorney Act 1998 (Queensland) and under the Guardianship and Administration Act 2000 (Queensland).  The applications related to the validity of the revocation by SZ on 13 July 2016 of his Enduring Power of Attorney dated 20 November 2009 and to the proposed appointment of a guardian and administrator for SZ. 

2. At the conclusion of the hearing, the learned member made declarations in the following terms:

   a.SZ does not have capacity for complex personal and financial matters;

   b.The revocation of an Enduring Power of Attorney by SZ dated 13 July 2016 in relation to the Enduring Power of Attorney dated 20 November 2009 is invalid;

   c.The powers given to the attorneys (ME and MA) under the Enduring Power of Attorney dated 20 November 2009 have begun.

3. The learned member also made orders dismissing the applications for the appointment of a guardian and administrator for SZ. 

4. SZ has lodged an application for leave to appeal/appeal the decision of the learned member. In particular, SZ seeks outcomes that have the effect of setting aside the declaration about his capacity and the declaration about the invalidity of the revocation of the Enduring Power of Attorney. SZ is not appealing the part of the decision that…