The Law Library of Victoria Home Menu

Re Cappelleri (Ruling No 1) [2022] VSC 561

Supreme Court of Victoria
Common Law Division
Moore J

Cappelleri, Leonie (by her Litigation Guardian Cappelleri, Vincenzo Nicola); Cappelleri, Vincenzo Nicola (as the administrator of the estate of Cappelleri, Frank deceased); Cappelleri, Vincenzo Nicola v Cappelleri, Domenico; Cappelleri, Mario; F&L P/L (ACN 006187873) & Registrar of Titles (Ruling No 1)

Judgment Date: 
21 September 2022

EVIDENCE - Admissibility of affidavit - Where plaintiffs seek to rely upon affidavit sworn prior to loss of deponent's capacity - Lack of availability for cross-examination by defendants - Where defendants allege creation of affidavit was irregular or anticipatory to loss of capacity and constituted an abuse of process - s 192A Evidence Act 2008 - rr 40.02, 40.03 Supreme Court (General Civil Procedure) Rules 2015 - Re O'Neil, deceased [1972] VR 327 - Goddard Elliot v Fritsch [2012] VSC 87.