HAW [2021] QCAT 252
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Title
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HAW [2021] QCAT 252
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Date
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July 23, 2021
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Summary
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HAJ, the appointed attorney for HAW in relation to financial, personal and health matters, filed an application seeking authorisation of a conflict transaction. The Tribunal was satisfied that authorising these transactions was compatible with HAW’s rights under the Human Rights Act 2019 (Qld), specifically HAW’s property rights.
HAJ was attorney for financial, personal and health matters of HAW: at [1]. On 12 November 2020, HAJ filed an application seeking the authorisation of a conflict transaction pursuant to section 118(2) of the Powers of Attorney Act 1998 (Qld): at [2]. Specifically, HAJ sought reimbursement for the expenses she had incurred in providing HAW with meals and transport: at [11].
The Tribunal considered that payment to HAJ from HAW in relation to past expenses constituted a conflict transaction: at [9]. The Tribunal noted the principle in Reilly v Reilly that ‘[w]here a fiduciary... exercises a power which results in his or her obtaining some incidental benefit, there may be nothing per se improper with his or her having that benefit if the benefit itself is, in the circumstances, an inevitable consequence of his or her properly exercising the power which produces it’: at [8]. The Tribunal determined that the expenses HAJ incurred on behalf of HAW should be reimbursed and authorised the conflict transaction.
In reaching this decision, the Tribunal considered HAW’s human rights, specifically his property rights under s 24 of the Human Rights Act 2019 (Qld): at [19]. The Tribunal was satisfied that the re-imbursement and the provision for future regular payments was ‘in the interests, and for the benefit, of HAW, the person with impaired capacity and the person in need of protection’: at [19].
