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Rere v Campbell [2021] NZFC 3657

Published 09 December 2021

Appointment of litigation guardian — litigation capacity — Family Court Rules 2002, r 8 — District Court Rules 2014, r 4.29 — Corbett v Patterson [2014] NZCA 274. This hearing was to determine an application to appoint a litigation guardian for the applicant. The applicant had been written into the will of the testator and claimed to be a de facto partner of the testator. The two respondents were children of the testator and beneficiaries of the will. The parties were engaged in relationship property and family protection proceedings. Rule 8 of the Family Court Rules defines an incapacitated person as someone not capable of understanding the issues on which that person's decision would be required as a litigant in proceedings; or that person being unable to give sufficient instructions to issue, defend, or compromise proceedings. Having considered evidence from the applicant herself and from expert psychiatrist evidence, the Judge concluded that the applicant was an "incapacitated person" for the purpose of the proceedings. The Court appointed a litigation guardian for the applicant accordingly. Judgment Date: 26 April 2021. * * * Note: names have been changed to comply with legal requirements. * * *