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The owner of the popular Willoughby’s restaurant at the V&A Waterfront is facing a legal battle after his son sought a court-appointed curator amid medical evidence of dementia.
Jens Tibshraeny (79) launched the Willoughby’s restaurant 30 years ago, but his son, Darren Tibshraeny, now claims his father has been suffering from cognitive decline since 2023, and wants the court to appoint a curator to manage his assets.
Darren Tibshraeny – who lives in the US – claims in court documents that his sister and other family members are restricting communication with his father, and have also taken ‘control of his parents’ home in Fresnaye’.
His father has opposed the application to the Western Cape High Court, arguing that he can manage his own affairs despite being “forgetful,” also asserting that he is supported by trusted family members, an accountant, and an attorney.
Tibshraeny Snr further claims his son initiated the application for personal gain, accusing him of treating the family business as his “wallet,” with court documents also detailing accusations of manipulation and financial excesses between the parties. Additionally, the elder Tibshraeny stated that Darren had rejected invitations to spend time with him, making him unqualified to comment on his mental health.
Judge Gayaat Salie da Silva found that there were signs of cognitive decline, and it “cannot be accepted by the Court as the final say on the matter” that Tibshraeny Snr had “a reliable and trusted infrastructure in the form of his carers”.
Part of the reason was the restauranteur’s decision to ditch his longstanding lawyer and appointed one who is closely associated with his daughter.
“It is common cause that this family is at war with itself.”
News24 reports that the Court has now appointed advocate Diane Davis as curator ad litem (someone who acts for an incapacitated person in legal proceedings) to represent Tibshraeny in an application to have him declared incapable of managing his own affairs and for the appointment of a curator for his assets.
A curator will safeguard the financial integrity of Willoughby’s and prevent the potential misuse of funds, the judge said.
“It is not in dispute that Mr Tibshraeny had always maintained that the business had been built up into a lucrative empire for the benefit of the family and should remain in the family. It is not in dispute that he loves both his children, his daughter, Natalie and the applicant, Darren. It is apparent, however, that during this feud, suspicions and negative emotions towards polarised groups, anger, resentment, bitterness and self-preservation have become a prevalent feature within the family dynamic.”
“The members of this family are urged to find common ground. The children of the respondent, and his wife, are urged by this Court to accept that the vulnerable positions of their parents including their state of health and their advanced age require of their children to be at peace with each other. It is hard to imagine that a young Jens Tibshraeny, with the support of his wife, Elizabeth, had started a business which had boomed into success with hard work and sacrifice, only to have its exponential achievements haunt them in their old age and divide their family.”
Advocate Diane Davis, in her capacity as curator, will file a report before June, with the case returning to court in June.
[Source: News24]
