Dennison v The Public Trustee [2001] QCA 125

[2001] QCA 125 COURT OF APPEAL McMURDO P McPHERSON JA HOLMES J Appeal No 725 of 2001 MICHELLE ANGELIQUE DENNISON Appellant (Applicant) and THE PUBLIC TRUSTEE Respondent (Respondents) BRISBANE ..DATE 02/04/2001 JUDGMENT -- 1 of 3 -- 02042001 T12/MV16 M/T COA 82/2001 2 JUDGMENT THE PRESIDENT: This is an application for an extension of time to appeal against an order made by a Judge of the Trial Division transferring the applicant's application in the Trial Division of the Supreme Court to the Guardianship and Administration Tribunal. The applicant is represented today and was before the primary Judge by her father and litigation guardian, Mr Cyril Dennison, who is not a lawyer. No reasons were given for the order made which, whilst not formally a consent order, was apparently not opposed at first instance. Mr Nickel, counsel appearing for the respondent, today concedes that the order made by the primary Judge at the request of the respondent may indeed be wrong and informs us that is the view he has formed at this stage. In those circumstances, particularly where the applicant today has given an explanation for his delay in filing the appeal, it seems to me the extension of time should be given. I would extend the time for filing the appeal until today. I would allow the appeal to the extent of setting aside the order of the primary Judge of 7 November 2000. I would remit the matter to the Trial Division of the Supreme Court for determination and I would reserve the costs of and incidental to this application and appeal to the Judge who hears the -- 2 of 3 -- 02042001 T12/MV16 M/T COA 82/2001 3 JUDGMENT matter. McPHERSON JA: I agree. HOLMES J: I agree. THE PRESIDENT: They are the orders of the Court. ----- -- 3 of 3 --