Caldwell & McLennon, Re [1999] QSC 279

370£4 State Reporting S( 111 /()"79 {' \' l e BUleeaU TRA-NSCRIPT 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 MACKENZIE J Toowoomba Registry OS No 5 of 1998 REVISED COPfES I~UED State Reporting Bureau Date~.5 / 8-" / IN THE MATTER OF THE POWERS OF ATTORNEY ACT 1998 (AS AMENDED) IN THE MATTER OF APPLICATIONS BY GRAHAM PERCIVAL ANDREW CALDWELL AND BRAMLEY REGINALD McLENNAN FOR A DECLARATION THAT A POWER OF ATTORNEY EXECUTED BY CLIFFORD ANDREW McCLELLAND IS VOID FOR LACK OF CAPACITY AND FOR DIRECTIONS PURSUANT TO THE SAID ACT BRISBANE .. DATE 06/08/99 JUDGMENT 1 ,-,,,,,,- "1"1 ... I ... v ('"",.,~ (:, ..... ",. ",-,.,., 1t,·i~II:II"· () ..woo T.·I.·,d,IlIll': (117) .1.!·n .UtllI F:lx: (()7) .1.!.t7 5:;.12 -- 1 of 2 -- 060899 T1/JB M/T 5124/99 (Mackenzie J) HIS HONOUR: The orders that I make in this matter are that I refuse the application for an independent medical examination of Clifford Andrew McClelland. Subject to the provisos, I adjourn the application to a date 10 to be fixed and reserve costs as between the applicants and the respondents other than Wonderley and Hall. The provisos are the following: Provided that if the parties agree to directions for the further conduct of the matter, I will make a consent order in terms of a draft initialled by the parties I legal representatives. The second proviso is that if the proceedings are terminated 30 without a further step being taken by the applicants, I order the applicants to pay the costs of the respondents, other than Wonderley and Hall, to be assessed. 40 As between the applicants and Wonderley and Hall, I make no order as to costs. That is without any provisos. ( . 50 60 2 JUDGMENT -- 2 of 2 --