The respondent, represented by the Public Guardian and Trustee (PGT), brought a motion to set aside the corollary relief of a default divorce order obtained by the applicant.
The PGT argued that the respondent, who has a history of mental illness, lacked the capacity to instruct counsel or understand the implications of not responding to the original application.
The court considered the respondent's fluctuating mental health, the applicant's knowledge of her condition, and the need for procedural and substantive fairness under the Family Law Rules.
The court granted the motion to set aside the corollary relief, ordered the production of counselling records to determine the correct valuation date, but dismissed requests for a non-depletion order and an immediate increase in spousal support.
