In a dramatic turn of events, the Western Cape High Court has intervened in the affairs of Willoughby's restaurant empire, appointing a curator to oversee the interests of 79-year-old owner Jens Peter Tibshraeny.
The owner of the iconic Willoughby's restaurant, a cornerstone of Cape Town's V&A Waterfront dining scene for over three decades, has shown a marked decline in cognitive abilities, triggering fears that he is unable to manage his personal and financial affairs. The application, initially unopposed, transitioned to a contested hearing after the elder Tibshraeny disputed the claims made by his son.Â
Throughout the proceedings, his son Darren Tibshraeny cited numerous incidents that illustrated his father's deterioration. Healthcare providers noted significant memory, reasoning, and problem-solving impairments. Medical assessments corroborated these observations, with two independent practitioners stating that Tibshraeny Senior requires increasing levels of support to manage daily living and financial responsibilities.
The son detailed concerning behaviours exhibited by his father, such as confusing ownership of properties and losing track of financial obligations. He also expressed grave concerns over the influence exerted by other family members who have recently taken an active role in his father’s life, suggesting possible exploitation of his declining mental state.
Opposition to the curatorship application came from Tibshraeny Sr himself, who, despite acknowledging his forgetfulness, asserted his capability to manage affairs with the help of trusted family and professional advisors. His answering affidavit included strong disclaimers regarding any misconduct by his support network, aiming to shift the narrative from alleged exploitation to one of adequate care and support.
He articulated his perspective that the curatorship application stemmed from his son's self-interest regarding financial matters, particularly in light of Darren's lingering loan obligations to the family business.
Judge Salie Da Silva's ruling recognised the complexity of the familial dynamics at play, noting the tensions and accusations that further complicated the management of Tibshraeny's affairs. The court underscored the necessity for a curator ad litem to oversee not only the patient's financial interests but to also ensure his health needs are attended to amidst what is evidently a fractured family relationship.
Inside the Willoughby's restaurant in the Cape Town's V&A Waterfront.
The appointed curator, Advocate Diane Davis SC, is tasked with not only advocating for Tibshraeny's legal and financial interests but also investigating the extent of the prevailing family disputes, with the goal of recommending ways to restore some semblance of harmony for the elderly restaurateur.
The court has scheduled a follow-up hearing for 17 June 2025, during which the curator is expected to provide detailed insights regarding the management of Tibshraeny's affairs and any necessary recommendations for additional curators.
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