The appellant appealed an order appointing the Public Guardian and Trustee to represent him after he was found to be a 'special party' under Rule 2(1) of the Family Law Rules.
The Divisional Court determined that the standard of review for a court's finding of incapacity is palpable and overriding error.
The court found that the motion judge made no such error, as there was sufficient evidence of the appellant's bizarre behaviour and delusional thinking to conclude he appeared mentally incapable.
The appeal was dismissed.
