Dunn v Perpetual Trustee Company Ltd

In Dunn v Perpetual Trustee Company Ltd, the plaintiff sought an order under the Administration and Probate Act 1958 (Vic) for the defendant to provide for her out of the deceased's estate. The defendant, the executor of the deceased's estate, opposed the application. The Judicial Registrar dismissed the application and the plaintiff sought leave to appeal the decision. The appeal was heard by Sloss J in the Supreme Court of Victoria. The primary issue before the court was whether the plaintiff had been dependent on the deceased at the time of his death within the meaning of section 91(4)(d) of the Act. The plaintiff argued that she had been financially dependent on the deceased, as well as having a non-financial dependency, such as companionship, care and affection. The defendant argued that the plaintiff had not been dependent on the deceased at the time of his death.

The court found that the plaintiff had not been financially dependent on the deceased. It also found that the plaintiff had not established any non-financial dependency on the deceased. In reaching this conclusion, the court examined the affidavits and evidence provided by the parties and found that the plaintiff had not discharged the onus of proving her case. The court found that the plaintiff's case was based on conjecture and speculation and that there was no evidence to support the plaintiff's claim of non-financial dependency. As a result, the plaintiff's application for further provision had no prospects of success and the appeal was dismissed with costs. The court found that the plaintiff had failed to establish any dependency on the deceased at the time of his death and that there was no basis for the court to make an order under the Act. The court also found that the plaintiff had not demonstrated any legal, factual or discretionary error in the decision of the Judicial Registrar.