The Court declared that a claimant who suffered a traumatic brain injury resulting in persecutory delusions was not a person under a legal disability requiring sanction of his $1.5 million settlement under s 59 of the Public Trustee Act 1978 (Qld). On the medical evidence, the claimant's delusions did not deprive him of the decision-specific capacity to freely and voluntarily settle his claim, given his demonstrated understanding of the settlement process, reliance on appropriate advice, and logical decision-making. The Court confirmed that the correct form of relief is a declaration that the applicant is not under a legal disability so as to require sanction, rather than a positive declaration of capacity to instruct, and that absent a sanction the Court has no jurisdiction under s 245 of the GA Act to appoint an administrator.
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