THE Supreme Court will determine an appeal relating to a one-legged man’s right to live on his yacht, despite the man’s recent death.
The Tasmanian Health Service has appealed against a Supreme Court decision to set aside a guardianship order that could have stopped the mature-aged, one-legged man from living aboard his yacht for six months after he was discharged from the Royal Hobart Hospital.
The appeal was due to be heard last Friday in Hobart but Justice Michael Brett held a directions hearing instead to determine the way forward for the case.
Justice Brett said the court’s preliminary view was that the appeal needed to be determined so that a decision could be made about who would pay the legal and court costs.
Representing the Health Service, Paul Turner, SC, said the Coroner’s office was making inquiries about the man’s next of kin.
Justice Brett said the court would wait for those inquiries to be made before proceeding and he would consider holding a further directions hearing in February. In April, Justice Helen Wood said while there were “legitimate medical concerns about the [man’s] safety”, the Guardianship and Administration Board did not satisfy the requirements to make an order that would give it power over where the man was to live.
COURT TO DECIDE ONE-LEGGED YACHTIE’S LIVING PLANS
Last month Mr Turner said although the man’s issues had been resolved — the order was for six months from November 2 last year — the Health Service wanted to right some errors of law it says were made.
He said the man “went and lived on the yacht before the order was set aside”.
Source : https://www.themercury.com.au/news/scales-of-justice/supreme-court-to-determine-appeal-relating-to-a-onelegged-mans-right-to-live-on-his-yacht-after-discharge-from-rhh/news-story/bdfb64e7b197d0b97e19f3e3165f1233