Peter Till

Till v Johns [2004] QCA 451 (26 November 2004) (McMurdo P, Jerrard JA and Mackenzie J,)

Abbott v Till; Canniffe v Till [2006] QCA 275 (03 August 2006) (McMurdo P Holmes JA Mullins J)

Till v. Wheeler [2008] QDC 74 (10 April 2008) (McGill DCJ)

Till v. Queensland Police Service [2008] QCA 304 (01 October 2008) (Fraser JA, Jones and Daubney JJ,)

Peter Till was involved in a motorcycle accident, in which he was allegedly struck by a vehicle. An action was commenced on 28 May 1997. The Nominal Defendant initially admitted liability but subsequently sought to withdraw its admission. It was held entitled to do so by the Court of Appeal in Till v Nominal Defendant [1999] QCA 490 (26 November 1999) (Davies JA. Pincus JA. Jones J.) An unsuccessful mediation occurred in December 2002. A Request for Trial Date was signed by the defendant’s solicitors in May 2003. The plaintiff’s side did not respond. In June 2009 the defendant applied to have the matter set down for trial. The proceedings came on for hearing on 31 August 2009.

On 2nd September 2009 the trial adjourned, then into its third day, on the application of Mr Till’s counsel, Mr Mullins, who had become concerned through the trial that his client lacked the necessary capacity to provide him with instructions. He was concerned that the plaintiff appeared not to accept that he was in fact Peter Till, unless it suited him to be that person. Documents that Mr Till had prepared and which were to that effect were tendered.

Mr Till refused to cooperate with any psychiatric examination. Eventually Mr Till’s solicitors applied, orally, to have Mr Till transferred to the Queensland Consumer and Administration Tribunal (QCAT) for the purpose of that body investigating whether Mr Till had capacity to provide instructions to enable the proceedings to proceed. The application was heard in Till v Nominal Defendant [2010] QSC 121 (22 April 2010) (McMeekin J)

On 22 November 2010 QCAT determined that Mr Till did have capacity. The Member who determined the matter found that Mr Till’s strategy was “to ridicule authority figures … to take the mickey out of them when playing the game in Court”.

Till v Nominal Defendant [2011] QSC 351 (28 November 2011) (McMeekin J)

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