In Yerkovich v James [2024] QCA 159, the Court of Appeal of Queensland considered an appeal from Eileen Alice Yerkovich, represented by her litigation guardian Melissa Maria Joy, against Gina Kaara James. The core issue was whether the appellant was an impaired person under the Uniform Civil Procedure Rules at the time of service of the proceedings. The respondent had previously obtained a default judgment against the appellant, who contended that service was ineffective since she had impaired capacity. The primary judge dismissed the application to set aside the default judgment, finding no evidence that the appellant lacked sufficient capacity to understand the proceedings. The Court of Appeal upheld this decision, concluding that the learned primary judge did not err in her assessment of the evidence and that the appellant had not established she was impaired at the relevant time. Consequently, the appeal was dismissed with costs.
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