The Court of Appeal dismissed an application to declare the appellant a person under legal incapacity and to appoint a tutor, holding that the medical evidence fell short of establishing the appellant lacked capacity to understand the issues requiring decisions in his appeal. The Court noted that a psychiatric report from an overseas practitioner that did not comply with the Expert Witness Code of Conduct was given only modest weight, and that the appellant's own earlier affidavit demonstrated he understood what was necessary to proceed with his appeal. The Court also observed that the proposed tutor was a relative stranger to the appellant and that no efforts had been made to identify an available family member, which weighed against the appointment.
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