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Bucknall v Guardianship and Administration Tribunal & Ors (No. 2) [2009] QSC 127

Case law · Queensland · 2009
SUPREME COURT OF QUEENSLAND CITATION: Bucknall v Guardianship and Administration Tribunal & Ors (No. 2) [2009] QSC 127 PARTIES: HISAKO BUCKNALL (applicant) v GUARDIANSHIP AND ADMINISTRATION TRIBUNAL (first respondent) PUBLIC TRUSTEE QUEENSLAND (second respondent) PUBLIC ADVOCATE (third respondent) FILE NO: 3273/09 DIVISION: Trial Division PROCEEDING: Originating Application ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON: 2 June 2009 DELIVERED AT: Brisbane HEARING DATE: 15 April 2009 JUDGE: Byrne SJA ORDER: Application dismissed. CATCHWORDS: MENTAL HEALTH – GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – where application for declaration of capacity for financial matters – where application heard concurrently with appeal against decision of Guardianship and Administration Tribunal – where no utility of relief in light of outcome of appeal COUNSEL: Mr S J Keim SC for the applicant Ms J Brasch for the third respondent SOLICITORS: Carne Reidy Herd Lawyers for the applicant The Public Advocate for the third respondent [1] By this application, Mrs Bucknall seeks a declaration that she has capacity for all financial matters. -- 1 of 2 -- 2 [2] In view of the outcome today of Mrs Bucknall’s appeal in matter 12035 of 2008, there is no utility in the relief sought. [3] Accordingly, the application is dismissed. -- 2 of 2 --