14 Feb 2018
SEQUEIROS v GARATE [2018] NZHC 128
- Citation
- [2018] NZHC 128
- Court
- High Court
The court found the intended plaintiffs incapacitated and held that proposed litigation guardians who are family members may be appointed where their interests are not adverse; the appointment was granted subject to protective conditions (court approval for any withdrawal/abandonment/settlement and a court‑approved indemnity by the guardians for any costs awarded to the defendant). These conditions adequately protect the incapacitated plaintiffs and enable the proceedings to proceed without requiring an independent guardian.