Anderson v Public Trustee of Queensland & Ors [2005] QSC 151

State Reporting Bureau £.005] ®sc 15 1 Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION REVISED COPIES ISSUED State Reporting Bureau Date: 31 May. 2005 MOYNIHAN J No 11334 of 2001 NASTACIA ONDREA ANDERSON Applicant and PUBLIC TRUSTEE OF QUEENSLAND, BERNARD Respondents ANDERSON, BERYL PICKERING, IRIS SALTNER AND CONSTANCE COOLWELL BRISBANE . .DATE 23/05/2005 JUDGMENT WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. ■ ' 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 4 -- 1 HIS HONOUR: This is an application for a declaration of paternity which was initiated in 2001. The respondents are the administrator and beneficiaries of the estate of the person who it is sought to have declared the father. The estate is a modest estate. There was an application filed on the 18th of March this year for the application to be dismissed. That lead to directions being given on the 5th of April that the applicant deliver further evidence-in-chief by affidavits by the 13th of May, that the respondents reply by f the 20th and the matter be tried on 23, 24, 25 May 2005. The applicant was represented at that hearing by counsel and solicitor but on the 13th of May filed a notice that she was acting in person. 30 This morning a facsimile was sent from a laboratory service which had been retained to carry out paternity testing procedures and the outcome of those tests are to exclude the punitive father from consideration. 40 Though the test results were faxed to the applicant, the fax address was not the address given for service in the applicant's notice of a party acting in person, which was filed on the 12th of May, but were to a Brisbane address. If the applicant was intending to appear she would have been in 50 Brisbane at that time, but whether she received the fax cannot at the moment be determined. When her name was called at the commencement of the case, which was listed, there was no appearance . 23052005 T2/KAS (Moynihan J) 10 2 JUDGMENT 60 -- 2 of 4 -- 23052005 T2/KAS (Moynihan J) Mrs McKenzie, the solicitor appearing for the respondents, informs me that she had a phone conversation with the applicant on Thursday last at about 10.30 p.m. indicating she intended to attend. (The matter was stood down for inquiries to be made.) THE COURT RESUMED AT 11.03 A.M. Mrs McKenzie, the solicitor for the respondents, stated: I did ring her on that number, 042 387 4537, and spoke to her personally, who identified herself as Stacy and as Nastacia Ondrea Anderson. She confirmed that she did get the results this morning and that she is not intending to come to court. I asked her - I repeated that to make sure that 's what she meant, your Honour. HIS HONOUR: I think there are a number of people who have filed - or at least one person other than her who filed an affidavit in her case. None of them are here? The only people here are your clients? MRS McKENZIE: Yes. Mrs Connie Coolwell, who filed an affidavit from our side is here, but Yvonne Coolwell, or Coomera as she is now, is not here either. HIS HONOUR: In the light of those considerations, and having regard to the desirability of not having any further costs incurred, I dismiss the application. MRS McKENZIE: Thank you, your Honour. HIS HONOUR: Anything else you want me to do? MRS McKENZIE: There is no question of costs in this? HIS HONOUR: You can ask for them. I don't know to be honest with you ---- 3 JUDGMENT 1 10 20 30 40 50 60 -- 3 of 4 -- 23052005 T2/KAS (Moynihan J) MRS McKENZIE: Realistically----- HIS HONOUR: It's not going to be worth it, is it? MRS McKENZIE: Not really. HIS HONOUR: I think that's the sensible position to take. I will make no further order other than dismissing it. 1 10 30 40 50 4 JUDGMENT 60 -- 4 of 4 --