Cappelleri v Cappelleri (No 2)

In the case of Cappelleri v Cappelleri (No 2), the parties involved were the children of an elderly couple, Leonie and Vincenzo Cappelleri, who were engaged in ongoing family litigation. The dispute centred around the management of the family estate and the care of the elderly couple, with the younger child, Vincent, acting as the litigation guardian for his mother, Leonie. The matter came before the court as the elderly plaintiff, Leonie, had lost capacity shortly before the trial was scheduled to begin. The defendants conceded that Leonie had indeed lost capacity, but opposed the application for her son to be appointed as her litigation guardian.

The primary legal issue before the court was whether Vincent Cappelleri should be appointed as the litigation guardian of his mother, Leonie, in the ongoing family litigation. This question arose due to the defendants' opposition to the application, despite conceding that Leonie had lost capacity. The court had to consider the relevant provisions of the Supreme Court (General Civil Procedure) Rules 2015, specifically rule 15.03(4)(a), to determine the appropriate course of action.

The court found that it was necessary to appoint a litigation guardian for Leonie, given that she had lost capacity and the proceedings were ready for trial. The court considered the defendants' opposition to Vincent being appointed as the litigation guardian, but ultimately found that the appointment was in the best interests of Leonie, given the close familial relationship and the fact that Vincent was already acting as her litigation guardian. Accordingly, the court ordered that Vincent Cappelleri be appointed as the litigation guardian of Leonie Cappelleri in her personal capacity and that the title to the proceeding be amended accordingly. The court reserved the issue of costs for later determination.