Event and Time
Event Description
On 29 April 1994, a trust deed establishing the Dove Family Trust was executed by Phillip Daniel Grant as settlor and Fenning Falls Pty Ltd as trustee. Subsequently, the trustee was changed multiple times, leading to Adam John Dove Pty Ltd filing an originating motion for advice and directions due to the loss of the original trust deed.
Application and Claims
Adam John Dove Pty Ltd, as trustee, filed for:
- A declaration that a deed in the form of the trust deed was executed on 29 April 1994 and stamped for duty.
- A declaration confirming a settlement of $100 on Fenning Falls Pty Ltd by Phillip Daniel Grant on the same date.
- A declaration that assets held by Adam John Dove Pty Ltd are held upon the terms of the Dove Family Trust for its beneficiaries.
Judicial Decisions
The court found that:
- A trust deed was established on 29 April 1994 based on witness testimony and supporting evidence.
- The original trust deed has been lost after reasonable efforts were made to locate it, and sufficient evidence regarding its terms existed despite some pages being missing.
Dispute Points and Legal Basis
Dispute Points
Claims and Arguments
Adam John Dove Pty Ltd (Plaintiff)
- Claims the existence of the trust deed based on secondary evidence.
- Argues the trust deed's execution is established through testimonies and evidence from relevant parties.
Graeme Dove (Witness)
- Affirms he signed the original trust deed.
- Provides account of attempts to locate the deed, attesting to its loss.