Chancery

0056 Reminder

The following public record is made available for the lawful use and purposes as described in our Terms.
Names and contact information have been changed.


From 📧 Bride and Groom
To 📧 1st Trustee, 📧 2nd Trustee
Date 3 May 2023
Subject Reminder

Ref: 19841103 BT01 0056

1st Trustee and 2nd Trustee

Bride and Groom think it meet, as long as they are in this tabernacle, to stir you up by putting you in remembrance; please read the attached Reminder, Ref: 19841103 BT01 0057.

Do you really believe that?

Luke 16:12
12. And if ye have not been faithful in that which is another man's, who shall give you that which is your own?

Philippians 2:4
4. Look not every man on his own things, but every man also on the things of others.

James 2:9
9. But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.

James 4:17
17. Therefore to him that knoweth to do good, and doeth it not, to him it is sin.

Bride

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Reminder

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Bride and Groom (we, us, our)
📧

1st Trustee
By email to: 📧

2nd Trustee
By email to: 📧

Office Found

All addressed parties jointly and severally as well as their successors, nominees and assigns.

Without prejudice, malice, vexation, contention, merriment or harm.

3 May 2023

Reminder

Facts and Material Evidence of the Event

Facts of the Event

  1. Over 100 wedding guests physically delivered cards with packaged and wrapped gifts to you with the intent that the Bride and Groom receive the cards and gifts as entrusted to you.

  2. The Bride and Groom accepted your offer to hold the gifts on behalf of the guests for them to collect and open upon their return from honeymoon.

  3. When the Bride and Groom returned from their ten (10) week honeymoon you did not hand over the packaged, wrapped and carded gifts as presented to you by their guests.

  4. The Bride and Groom saw no cards, no wrapping, no packaging; to wit, “no cards, no gifts”.

  5. You would not discuss with the Bride and Groom the whereabouts of the cards; the title of the gifts from their guests.

  6. The Bride and Groom have not received the packaged, wrapped and carded gifts as entrusted to you by their guests.

  7. None of the guests have indicated that you attempted to return the cards and gifts, that is their property.

  8. The cards express the guests’ reasonable expectation that you ensure the Bride and Groom receive and open the gifts.

  9. The benefit of each gift is as a memorial of the Bride and Groom’s unique once in a lifetime celebration.

  10. On 26 September 2022 you confirmed to the Bride and Groom that:

    • whilst the Bride and Groom were away on honeymoon the cards and gifts were opened without the consent of the guests, the Bride and Groom’s knowledge, or their consent, and
    • the whereabouts of the cards and gifts are unknown.

Material Evidence of the Event

  1. The Bride and Groom have not seen or been presented with any evidence that proves the carded, packaged and wrapped gifts delivered to you by their wedding guests at their wedding reception were intended for others.

  2. The Bride and Groom have not seen or been presented with any evidence that proves you advised them of, and they consented to, the change in terms of their agreement for you to hold the gifts on behalf of their guests for them to collect and open upon their return from honeymoon.

  3. The Bride and Groom have not seen or been presented with any evidence that proves you are authorised by their guests to withhold their gifts from them.

  4. The Bride and Groom have not seen or been presented with any evidence that proves you handed the cards, wrapping and packaging to them.

  5. The Bride and Groom have not seen or been presented with any evidence that proves you are authorised by their guests or them to deny the transfer of title from each guest to them.

  6. The Bride and Groom have not seen or been presented with any evidence that proves you were authorised by their guests or them to administer property contrary to the guests’ intent, to wit:

    • to read and discard mail not addressed to you, and
    • to open gifts not wrapped for you.
  7. The Bride and Groom have not seen or been presented with any evidence that proves the carded, wrapped and packaged gifts have been returned to each guest.

  8. The Bride and Groom have not seen or been presented with any evidence that proves their guests changed their minds, to wit the carded, wrapped and packaged gifts are for you.

  9. The Bride and Groom have not seen or been presented with any evidence that proves each gift is for you as a memorial of their unique once in a lifetime celebration.

  10. On 26 September 2022 the Bride and Groom received evidence, to wit, your word, that confirmed:

    • the cards and gifts were opened without the consent of the guests, the Bride and Groom’s knowledge, or their consent, and
    • the whereabouts of the cards and gifts are unknown.

Facts and Material Evidence of the Trusts

Facts of the Trusts

  1. As each of the guests, the “settlors”, entrusted their property to you for the Bride and Groom’s benefit they each created a “bare” trust in which you are joint “bare” trustees and the Bride and Groom are joint beneficiaries.Annexure A [16.05],[21.45]

  2. A “bare” trustee’s duty is to hold the trust property and, on demand:

    • transfer the property to the recognised beneficiariesAnnexure A [21.45], or
    • where beneficiaries are not recognised, return the property to the settlors.Annexure A [17.95]
  3. The three certainties of a trust exist for each trustAnnexure A [17.05]:

    • Intent: gifts for the Bride and Groom.
    • Subject: wedding gifts.
    • Object: the Bride and Groom.
  4. That is, certainty of:

    • Intent: exhibited by the transfer of the settlors’ property to you.Annexure A [17.10]
    • Subject: defined by property packaged and wrapped with cards, that is title, addressed to the Bride and Groom.Annexure A [17.60]
    • Object: the Bride and Groom, evidenced by their public wedding celebration.Annexure A [17.95]
  5. When each settlor transferred their gift to you they did everything necessary to completely constitute each trust.Annexure A [17.05],[18.95],[18.105]

  6. When you accepted each gift to hold on the settlors’ behalf you accepted your trusteeship of each trust.Annexure A [21.90]

  7. You affirmed your trusteeship by your own word to the Bride and Groom to safeguard the packaged, wrapped and carded gifts and hand them over to them upon request.Annexure A [21.90]

  8. Trustees are obligated to act in good faith and in the best interest of the trusts and beneficiaries:Annexure A [4.15],[4.80]

    • Your first obligation, having accepted the gifts from the guests, is to safeguard the packaged, wrapped and carded gifts for delivery to the Bride and Groom.
    • Your second obligation, based on your own word, is to continue to safeguard the packaged, wrapped and carded gifts and hand them over to the Bride and Groom as agreed.
  9. A trustee that commits to safeguarding and distributing trust property cannot release, that is disclaim, the obligations of the trusts.Annexure A [16.185],[21.90]

  10. A trustee is duty-bound to give effect to the settlors’ intentions, irrespective of how insignificant the terms may appear.Annexure A [22.15]

  11. Each individual trustee has a separate responsibility to ensure that the terms of the trusts are carried out.Annexure A [22.45]

  12. A trustee whose action is contrary to the settlors’ intent commits a breach of trust.Annexure A [22.15],[24.05]

  13. Trustees are liable for each breach of trust.Annexure A [24.05]

  14. Trustees are liable for the restoration of trust property to the original condition before the breach.Annexure A [16.120],[24.30]

  15. Each trustee has an obligation to close each trust as directed by the beneficiaries.Annexure A [21.45],[25.120]

  16. Each trust stands and remains exercisable despite the lapse of time and the failure of trustees to act.Annexure A [16.185]

Material Evidence of the Trusts

  1. The Bride and Groom have not seen or been presented with any evidence that proves “bare” trusts were not created when each of the guests, the “settlors”, entrusted their property, carded, wrapped and packaged gifts, to you for the Bride and Groom’s benefit.

  2. The Bride and Groom have not seen or been presented with any evidence that proves your duty as “bare” trustees includes anything other than to hold the trust property, and on demand:

    • transfer the property to the Bride and Groom, the recognised beneficiaries, or
    • return the property to the settlors.
  3. The Bride and Groom have not seen or been presented with any evidence that proves the trusts failed to take effect when the three certainties of the trusts were fulfilled.

  4. That is, certainty of:

    • Intent: exhibited by the transfer of the guests’ property to you;
    • Subject: defined by property packaged and wrapped with cards, that is title, addressed to the Bride and Groom;
    • Object: the Bride and Groom, evidenced by their public wedding celebration.
  5. The Bride and Groom have not seen or been presented with any evidence that proves each settlor failed to completely constitute the trusts when they transferred each gift to you to hold on their behalf.

  6. The Bride and Groom have not seen or been presented with any evidence that proves you rejected trusteeship when you took delivery of each settlors’ gift.

  7. The Bride and Groom have not seen or been presented with any evidence that proves you advised them of, and they consented to, the revocation of your word affirming your trusteeship.

  8. The Bride and Groom have not seen or been presented with any evidence that proves direction was given by the settlors for you to administer trust property contrary to their intent.

  9. The Bride and Groom have not seen or been presented with any evidence that proves you, after giving your word to safeguard and distribute the trust property, are able to release, that is disclaim, the obligations of the trusts.

  10. The Bride and Groom have not seen or been presented with any evidence that absolves you of your obligation to give effect to the settlors’ intention, irrespective of how insignificant the terms may appear.

  11. The Bride and Groom have not seen or been presented with any evidence that proves the individual responsibility of each trustee, to ensure that the terms of the trusts are carried out, has ever been nullified.

  12. The Bride and Groom have not seen or been presented with any evidence that proves a breach of trust excludes an act of a trustee contrary to the settlors’ intent.

  13. The Bride and Groom have not seen or been presented with any evidence that your liability as trustees for each breach of trust was abrogated.

  14. The Bride and Groom have not seen or been presented with any evidence that absolves you of your obligation to restore the trust property to the condition as when entrusted to you, that is the original packaged, wrapped and carded gifts.

  15. The Bride and Groom have not seen or been presented with any evidence that proves you as “bare” trustees are excused from your duty to close each trust as directed by the beneficiaries.

  16. The Bride and Groom have not seen or been presented with any evidence that proves the lapse of time and failure of you as trustees to act causes each trust to cease.

Conclusion

  1. As the guests have not altered their intent and the trusts remain open, you are duty-bound to fulfill their reasonable expectation that the Bride and Groom receive the packaged, wrapped and carded gifts as entrusted to you.

  2. As you have established that transfer of title is not possible, your obligation is to close the trusts by lawful restoration. That is, restore sevenfold of the value of the guests’ packaged, wrapped and carded gifts in lieu of the originals.Annexure B Matthew 12:37, Proverbs 6:30-31, Annexure C Invoice 19841103 BT01 0059

Calculations
As you have not transferred title to the Bride and Groom they have no record of what was given by whom, and the value is unknown by them; therefore ascribe a reasonable value of $100 multiplied by 100 guests multiplied by 7 adjusted for inflation.

Annexures

  1. Annexed and marked with the letter A is references from Equity and Trusts in Australia, G E Dal Pont, Ref: 19841103 BT01 0058.

  2. Annexed and marked with the letter B is The Holy Bible, Authorized King James Version, Ref: 19841103 BT01 0059.

  3. Annexed and marked with the letter C is Invoice 19841103 BT01 0060.

  4. Annexed and marked with the letter D is Calculations for Invoice 19841103 BT01 0060, Ref: 19841103 BT01 0061.

  5. Annexed and marked with the letter E is the Definition of Terms wherein our words are defined, Ref: 19841103 BT01 0062.

No liability. Errors and omissions accepted.

With sincerity and honour.

By: Bride and Groom

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Annexure A

Equity and Trusts in Australia
Ref: 19841103 BT01 0058

This is the document referred to as Annexure A in the reminder of Bride and Groom dated 3 May 2023.

Equity and Trusts in Australia

G E Dal Pont
Professor, Faculty of Law, University of Tasmania
SEVENTH EDITION

[4.15]

Proscriptive nature of fiduciary duties

“The fiduciary standard is encapsulated in two principal duties: the “no conflict” and the “no profit” duties.10 The former prohibits a fiduciary, except with the informed consent of the principal, from placing herself or himself in a position involving a real and sensible possibility of a conflict between the duty as a fiduciary and her or his own interest11 (a “duty-interest conflict”), or between the duty as a fiduciary to two or more persons (a “duty–duty conflict”). The “no-profit” duty prohibits a fiduciary from making a profit or benefit, or exploiting an opportunity arising, out of a fiduciary position except with the principal’s informed consent. The duties in question can, and not infrequently will, intersect; for instance, a breach of the “no profit” duty may reflect a yielding to a conflict.12 A contravention of either duty, in any case, speaks of disloyalty.”

  1. Moss v Moss (No 2) (1900) 21 LR (NSW) Eq 253 at 258 per Simpson CJ; Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 at 67 per Gibbs CJ; Warman International Ltd v Dwyer (1995) 182 CLR 544 at 557 (FC).
  2. The term “interest” here signifies the presence of “some personal concern of possible pecuniary value in a decision taken, or a transaction effected, within the scope of a fiduciary’s duties”, which “may be a contingent or expectant one”: Grimaldi v Chameleon Mining NL (No 2) (2012) 200 FCR 296 at [180] (FC).
  3. See Boardman v Phipps [1967] 2 AC 46 at 123 per Lord Upjohn; Howard v Commissioner of Taxation (2014) 253 CLR 83 at [56], [57] per Hayne and Crennan JJ; Conaglen, “The Nature and Function of Fiduciary Loyalty” (2005) 121 LQR 452 at 467.

[4.80]

TRUSTEE AND BENEFICIARY

“Beyond the duties imposed upon trustees in equity directed at ensuring the trustee acts in the beneficiaries’ best interests, fiduciary duties are necessary to give effect to the express or implied undertaking of a trustee to give undivided loyalty to those interests: ….”

[16.05]

Nature of A Trust, DEFINITION AND CHARACTERISTICS

“A trust has been described as existing “when the owner of a legal or equitable interest in property is bound by an obligation, recognised by and enforced in equity, to hold that interest for the benefit of others, or for some object or purpose permitted by law”.1 It follows that the essence of a trust is the holding of property by its legal owner (the “trustee”) for the benefit of others (the “beneficiaries”).”

  1. Heydon and Leeming, Jacobs’ Law of Trusts in Australia (8th ed, LexisNexis Butterworths, 2016), [1-01]

[16.120]

Distinguishing contract from trust

“A trustee must restore the trust to the position it would have stood had the breach of trust not occurred, a liability unconstrained by common law notions of causation or remoteness: ….”

[16.185]

Trusts and powers, Distinctions

“In the case of a trust, the trustee must act; a trust is imperative.”
“Fourthly, trusts remain exercisable despite lapse of time.145”
“On the other hand, a trustee, once having undertaken to act in the trust, cannot release (disclaim) the obligations of the trust, but can only retire from the trust according to its terms or the provisions of the trustee legislation: ….”
“On the other hand, if a trustee fails to act the trust does not fail;”

  1. Breadner v Granville-Grossman [2001] Ch 523 at 540 per Park J.

[17.05]

The Requisite Certainties

“However created, an express trust must fulfil the “three certainties” of intention, subject matter and object,2”

  1. Knight v Knight (1840) 3 Beav 148; 49 ER 58.

[17.10]

CERTAINTY OF INTENTION

“Fundamental to the creation of an express trust is that the alleged settlor3 exhibit an intention to create a trust.”

  1. It should not be assumed that the person who supplies the property to establish the trust is necessarily the “true” settlor of the trust in each instance. In the business context, to (inter alia) avoid the effect of Income Tax Assessment Act 1936 (Cth), s 102, it is common for a lawyer or accountant to settle a small sum to establish the trust on behalf of a client, who is in reality the “true” settlor: ….

[17.60]

CERTAINTY OF SUBJECT MATTER

“The property of a trust must be defined and identifiable.”

[17.95]

CERTAINTY OF OBJECT, “Beneficiary principle”

“The “beneficiary principle” requires that a trust be in favour of definite beneficiaries, ascertained or capable of ascertainment,...”
“A trust that does not fulfil certainty of object fails to take effect, and the intended trustee holds the property in question on resulting trust for the settlor (or the settlor’s estate): ….”

[18.95]

First element: everything must be done

“In other words, the meaning to be ascribed to Turner LJ’s principle of “everything to be done” is everything that has to be done by the transferor rather than the completion of every single step in the transfer.”

[18.105]

Second element: what must be done according to the nature of different property

“Thirdly, regarding chattels capable of passing by delivery, a transfer is effective where the intending settlor delivers the chattels to the intended trustee or executes and delivers a deed of gift of the chattels.117”

  1. Anning v Anning (1907) 4 CLR 1049 (as explained in Corin v Patton (1990) 169 CLR 540 at 551 per Mason CJ and McHugh J); Nolan v Nolan (2003) 10 VR 626 at [145] per Dodds- Streeton J.

[21.45]

Bare trustees

“A “bare” trustee holds property in trust for the absolute benefit and at the absolute disposal of beneficiaries of full age and capacity in respect of that property, but has no interest in that property other than by reason of legal title as trustee, and no (further) duty to perform except to convey the property on demand to the beneficiaries or as directed by them.45”

  1. Lysaght v Edwards (1876) 2 Ch D 499 at 516–517 per Jessel MR; Re Cunningham and Frayling [1891] 2 Ch 567 at 571–572 per Stirling J; Herdegen v Federal Commissioner of Taxation (1988) 84 ALR 271 at 281 per Gummow J; Motor Vehicle Dealers Inst Inc v UDC Finance (1991) [1994] 1 NZLR 659 at 664 per McKay J; CGU Insurance Ltd v One.Tel Ltd (in liq) (2010) 242 CLR 174 at [36] (FC).

[21.90]

DISCLAIMER BY TRUSTEE

“A person appointed as a trustee may disclaim the trust office, whether because the appointment is made without her or his consent or in light of changed circumstances, before doing any act in performing the trust that could be interpreted as its acceptance.114”

  1. Lady Naas v Westminster Bank Ltd [1940] AC 366 at 401 per Lord Wright.

[22.15]

Fundamental duty to obey the terms of the trust

“A trustee’s plainest and overriding duty is to obey the terms of the trust. This is because a trustee is duty-bound to give effect to the settlor’s intention as expressed in the trust instrument, irrespective of how seemingly insignificant its terms may appear. The duty of obedience qualifies virtually every other duty of a trustee.”

[22.45]

Duty not to delegate and its exceptions

“Pursuant to the non-delegation duty, “each individual trustee has a separate responsibility to ensure that the terms of trust are carried out”.32 The law does not, in the main, countenance a “passive” trustee who simply delegates responsibilities to the “active” trustee.33”
“The delegation permitted in the territories, New South Wales, Tasmania and Victoria is limited to where a trustee is out of State, or is about to depart from it.”

  1. Re Mulligan (deceased) [1998] 1 NZLR 481 at 502 per Panckhurst J.
  2. Selkirk v McIntyre [2013] 3 NZLR 265 at [44] per Katz J.

[24.05] Breach of Trust

“A breach of trust has been described as “nothing more nor less than an act by the trustee in contravention of the duties imposed on him by the trust or in excess of his powers”.1”

“Importantly, liability for a trustee’s breach of trust is strict;3 it is not premised on proof of any bad faith or dishonesty,4 and may not be precluded simply because the trustee acted in accordance with skilled professional advice.5”

  1. Re Spedding (deceased) [1966] NZLR 447 at 463–464 per Spedding J. See also Re Wood (deceased) [1961] Qd R 375 at 378 per Mansfield CJ.2 Pitt v Holt [2013]
  2. Proprietors of Wakatu v Attorney-General [2017] 1 NZLR 423 at [692] per Glazebrook J (“A trustee cannot justify a breach of trust or escape the consequences by saying it thought the trust property belonged to it”).
  3. The same applies, more generally, to breaches of fiduciary duty by a fiduciary (including a trustee): ….
  4. Pitt v Holt [2013] 2 AC 108 at [78]–[81] per Lord Walker. Depending on the circumstances, however, acting on the advice of a skilled and properly instructed professional may justify the trustee being excused from liability pursuant to the court’s statutory jurisdiction to do so: ….

[24.30] Compensation

“Where a breach of trust causes loss to the trust estate, the trustee is liable to restore the trust estate to the position it would have been in absent the breach.34”

  1. Target Holdings Ltd v Redferns (a firm) [1996] AC 421 at 433– 434 per Lord Browne- Wilkinson; Re Mulligan (deceased) [1998] 1 NZLR 481 at 507 per Panckhurst J; AIB Group (UK) plc v Mark Redler & Co Solicitors [2015] AC 1503 at [93], [134] per Lord Reed JSC. As to compensation in equity generally see [34.05]– [34.60].

[25.120] TERMINATION OF TRUST

“The termination of a trust may be achieved through one of the following methods:

END EQUITY AND TRUSTS IN AUSTRALIA

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Annexure B

The Holy Bible
Ref: 19841103 BT01 0059

This is the document referred to as Annexure B in the reminder of Bride and Groom dated 3 May 2023.

The Holy Bible, Authorized King James Version

Scriptures in order as quoted

Matthew 12:37

  1. For by thy words thou shalt be justified, and by thy words thou shalt be condemned.

Proverbs 6:30-31

  1. [Men] do not despise a thief, if he steal to satisfy his soul when he is hungry;
  2. But [if] he be found, he shall restore sevenfold; he shall give all the substance of his house.

Numbers 14:29-31

  1. Your carcases shall fall in this wilderness; and all that were numbered of you, according to your whole number, from twenty years old and upward, which have murmured against me,
  2. Doubtless ye shall not come into the land, [concerning] which I sware to make you dwell therein, save Caleb the son of Jephunneh, and Joshua the son of Nun.
  3. But your little ones, which ye said should be a prey, them will I bring in, and they shall know the land which ye have despised.

Numbers 32:11-12

  1. Surely none of the men that came up out of Egypt, from twenty years old and upward, shall see the land which I sware unto Abraham, unto Isaac, and unto Jacob; because they have not wholly followed me:
  2. Save Caleb the son of Jephunneh the Kenezite, and Joshua the son of Nun: for they have wholly followed the LORD.

Deuteronomy 1:35

  1. Surely there shall not one of these men of this evil generation see that good land, which I sware to give unto your fathers,

Deuteronomy 1:39

  1. Moreover your little ones, which ye said should be a prey, and your children, which in that day had no knowledge between good and evil, they shall go in thither, and unto them will I give it, and they shall possess it.

Hebrews 11:1

  1. Now faith is the substance of things hoped for, the evidence of things not seen.

Genesis 1:26-27

  1. And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
  2. So God created man in his [own] image, in the image of God created he him; male and female created he them.

1 Corinthians 8:6

  1. But to us there is but one God, the Father, of whom are all things, and we in him; and one Lord Jesus Christ, by whom are all things, and we by him.

Ephesians 4:6

  1. One God and Father of all, who is above all, and through all, and in you all.

Ephesians 6:9

  1. And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.

Genesis 1:27

  1. So God created man in his own image, in the image of God created he him; male and female created he them.

Genesis 2:7

  1. And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.

Leviticus 6:4-5

  1. Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
  2. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.

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Annexure C

Invoice 19841103 BT01 0060

This is the document referred to as Annexure C in the reminder of Bride and Groom dated 3 May 2023.

Invoice 19841103 BT01 0060

Note: Inflation adjusted “Proverbs 6:30-31 Restoration” value recalculated as stated in the terms and conditions. This invoice replaces Invoice 19841103 BT01 IV03.

Bride and Groom (we, us, our)
email

1st Trustee
By email to: email

2nd Trustee
By email to: email

Invoice

Invoice Nº: 19841103 BT01 0060
Date: 3 May 2023

ItemAUD
Proverbs 6:30-31 Restoration\$260,145.27
Preparation of Notice to Remedy\$0.00
Preparation of Notice of Default\$0.00
Preparation of Affidavit\$0.00
Preparation of Notice of Demand and Default\$0.00
Failure to pay fees and charges 22 Dec 22\$1,000.00
Research and Administration\$500.00
Preparation of Reminder\$0.00
Total Amount Owing\$261,645.27
Payment Due Date:Immediate

Terms and Conditions

Payment:Immediate
Payment Method:Direct deposit
BSB:000-000
Account Number:12345678
Amount Owing:\$261,645.27
Two hundred and sixty-one thousand six hundred and forty-five dollars and twenty-seven cents.

You are in dishonour of your debt and request is made upon you for payment as directed herein.
The inflation adjusted “Proverbs 6:30-31 Restoration” value shall be recalculated for every day the remedy remains unfulfilled beyond 3 May 2023.
There is no limitation of time to collect any and all such amounts owing. We reserve the right to take lawful action or legal action should the debt remain unpaid with the stipulation that you, the debtors, are liable for all our costs associated with recovering the debt.
No liability. Errors and omissions accepted.

END INVOICE

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Annexure D

Calculations Ref: 19841103 BT01 0061

This is the document referred to as Annexure D in the reminder of Bride and Groom dated 3 May 2023.


Calculations

assumed sum (s):\$100 per guest
No. of guests (n):100
multiply (m):7
 
Principal $(P)$:$ 70,000 P = (s x n) = 10,000 x m

 
Days Between Two Dates:3 Nov 1984 to 3 May 2023 38 years, 6 months, 1 day
days (D):14,061
Time in years (t):38.49691991786448 t = D ÷ 365.25

Inflation Calculator:3.41%
\$10,000 in 1984 is worth \$37,007.61 today

Compound Interest Calculator
Calculate:Total P+I (A)     A = Pert]
Principal $(P)$:$ 70,000
Annual Rate $(R)$:% 3.41
Compound (n):Continuous
Time in years (t):38.496919917864
Answer:A = \$260,145.27 A = P + I where P (principal) = \$70,000.00 I (interest) = $190,145.27

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Annexure E

Definition of Terms
Ref: 19841103 BT01 0062

This is the document referred to as Annexure E in the reminder of Bride and Groom dated 3 May 2023.


Definition of Terms

Terms defined herein:


abrogated; abolished, did away with, or annulled, especially by authority.


absolves; relieves of a requirement or obligation.


accepted; agreed to.


administer property without right; to manage property contrary to the expressed intent of the settlors.


affirm; to make firm; establish, confirm.


agent; any person or individual acting on your behalf.


agreement; a mutual assent to do or refrain from doing something; a contract.


annexed; joined at the end.


annexure; a separate part of a legal agreement, report, etc. that gives extra information.


announcement; something that someone says officially, giving information about something.


annulled; cancelled officially; made of no effect.


aright; without mistake or crime.


ascertain; to establish with certainty.


ascertained; established with certainty.


ascribe; to assign or attribute.


assent; the act of the mind in admitting, or agreeing to, the truth of a proposition.


beneficiary, beneficiaries; the principal; a person designated as a recipient of property under a trust.


benefit; anything that is for the good or advantage of a person or thing.


breach of fiduciary duty; exists where the trustees are found to have breached trust by putting their interests over and above the interests of the beneficiaries.


breach of trust; the trustees fail to discharge their duties reasonably, in good faith and according to the settlors’ intent; to administer property without right.


cease; to come to an end; to collapse or close a trust.


charges; expenses or costs.


child; a man or woman under the age of twenty with no knowledge between good and evil.

Numbers 14:29-31

  1. Your carcases shall fall in this wilderness; and all that were numbered of you, according to your whole number, from twenty years old and upward, which have murmured against me,
  2. Doubtless ye shall not come into the land, [concerning] which I sware to make you dwell therein, save Caleb the son of Jephunneh, and Joshua the son of Nun.
  3. But your little ones, which ye said should be a prey, them will I bring in, and they shall know the land which ye have despised.

Numbers 32:11-12

  1. Surely none of the men that came up out of Egypt, from twenty years old and upward, shall see the land which I sware unto Abraham, unto Isaac, and unto Jacob; because they have not wholly followed me:
  2. Save Caleb the son of Jephunneh the Kenezite, and Joshua the son of Nun: for they have wholly followed the LORD.

Deuteronomy 1:35

  1. Surely there shall not one of these men of this evil generation see that good land, which I sware to give unto your fathers,

Deuteronomy 1:39

  1. Moreover your little ones, which ye said should be a prey, and your children, which in that day had no knowledge between good and evil, they shall go in thither, and unto them will I give it, and they shall possess it.

chose in action; the legal entitlement to enforce a promise made pursuant to a contract to benefit a third party.


consent; a yielding of the mind or will to that which is proposed or stated by another; permission.


contention; to make or gain by force.


contract; an agreement between two or more parties creating obligations that are enforceable or otherwise lawfully and or legally recognisable.


contrary; opposite; moving against or in an opposite direction.


default; an omission of that which ought to be done, and more specifically, the omission or failure to perform a duty.


defined; determined with precision; ascertained or exhibited clearly.


definition; an explanation of the signification of a word or term.


direction; an authoritative order, command or instruction.


disclaim; to say that you have no responsibility for, or knowledge of, something that has happened or been done.


discretion; liberty or power of acting without other control than ones own judgement.


dishonour; to disgrace; to bring reproach or shame on.


dispute; an unexpected event, different view or disagreement stops you from being yourself or harms your relationships.


disregard; to have no care or respect.


duty; that which a person is bound, by any natural, moral or lawful obligation, to pay, do or perform.


errors and omissions accepted; although every effort has been made to ensure the accuracy of the information, no legal responsibility is accepted for any errors or omissions herein, whether such errors or omissions result from negligence, accident or any other cause, and no responsibility is accepted with regard to the standing of anyone mentioned.


establish; to set and fix firmly or unalterably; to settle permanently.


equity; freedom from bias or favouritism and dealing fairly and equally with all concerned; having no respect of persons.


evidence; some thing, including testimony, documents and tangible objects, that proves or disproves the existence of an alleged fact.


evidenced; shown to be true.


excludes; prevents from being included, considered, or accepted.


excuse; to free, as from an obligation or duty; to make allowance for; overlook or forgive.


exhibited; shown publicly.


expectation; the act of expecting or looking forward to a future event with at least some reason to believe the event will happen.


extinguished; ended.


faith; the substance of things hoped for, the evidence of things not seen;

Hebrews 11:1

  1. Now faith is the substance of things hoped for, the evidence of things not seen.

fees; a reward or compensation for services.


fiduciary; one who holds a thing in trust; a Trustee.


fiduciary duty; exists where one person, the fiduciary, undertakes to act for another, the principal, and in doing so, must place the interests of the principal above their own.


gift; something that is bestowed voluntarily and without compensation.


God; our Creator, Father and Master;

Genesis 1:26-27

  1. And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
  2. So God created man in his [own] image, in the image of God created he him; male and female created he them.

1 Corinthians 8:6

  1. But to us there is but one God, the Father, of whom are all things, and we in him; and one Lord Jesus Christ, by whom are all things, and we by him.

Ephesians 4:6

  1. One God and Father of all, who is above all, and through all, and in you all.

Ephesians 6:9

  1. And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.

God’s law; see law.


harm; mischief; wickedness.


honourable; directed to a just and proper end; honest, fair, and worthy of respect.


individual; a man, woman or child.


in good faith; in an honest, sincere and proper way.


in lieu; in place of; instead.


intent; the mental objective behind an action. A person has intent with respect to:

  1. conduct if he or she means to engage in that conduct;
  2. a circumstance if he or she believes that it exists or will exist;
  3. a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.

invalidated; declared invalid.


jointly and severally; each named party has the duty of fully performing the obligations set forth herein and that we have the right to collect the entire balance owed.


judge; to form an opinion or estimation of after careful consideration.


law; the Word of God being the doctrines and precepts of God, and his revealed will as set out in The Holy Bible; the natural law of the land.


lawful; according to God’s law.


laws of nature; see natural law of the land.


liable; obliged in law or equity.


liberty; the power of acting as one thinks fit, without any restraint or control, except by the laws of nature.


living; not dead.


malice; a disposition to injure others without cause, from mere personal gratification or from a spirit of revenge.


man; a living soul made in the image of God.

Genesis 1:27

  1. So God created man in his own image, in the image of God created he him; male and female created he them.

Genesis 2:7

  1. And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.

material fact; a fact that is important, significant or essential to the issue or matter at hand.


merriment; mirth.


must; to be obliged.


natural law of the land; a rule of conduct arising out of the natural relations of man established by God, and existing prior to any positive precept. Thus it is a natural law of the land, that one man should not injure another, and theft and fraud are crimes, independent of any prohibition from a supreme power.


no liability; we have acted in good faith and neither of us are liable to anyone mentioned herein for any damage, loss or prejudice suffered or claimed due to:

  1. the noted statements of fact;
  2. the remedy;
  3. the execution and filing of documents mentioned herein, whether or not the facts therein are correct.

note; to observe carefully or with particularity.


noted; set down in writing.


notice; a written or printed announcement.


nullified; made void; rendered invalid; deprived of legal force or efficacy.


obligation; a moral duty that renders a person liable to provide remedy for neglecting it.


obliged; bound in duty or in law.


office found; whomsoever receives this notice is responsible to ensure all addressed parties receive the document.


party; a person.


person; includes a body politic or corporate as well as an individual.


personal; belonging to an individual and private in actions or character.


principal; chief; highest in rank or importance; a beneficiary.


private; belonging to or concerning an individual only.


proper; that which is fit, suitable, adapted, and correct.


property; any thing that is owned by a person or entity, whether real or personal, tangible or intangible, legal or equitable.


proof; the establishment or refutation of an alleged fact by evidence.


prove; to provide evidence.


reason; the capacity for logical, rational, and analytic thought; intelligence.


reasonable; to take steps to ascertain whether an action is authorised prior to performing the action.


rectify; remedy.


redress; to set aright.


remedy; to redress a trespass.


responsibility; a duty, obligation, or burden.


restore; to return to a person, that which was delivered you to keep and unjustly detained; to make restitution or satisfaction for a thing taken, by returning something else, or something of different value.

Leviticus 6:4-5

  1. Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
  2. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.

Proverbs 6:30-31

  1. [Men] do not despise a thief, if he steal to satisfy his soul when he is hungry;
  2. But [if] he be found, he shall restore sevenfold; he shall give all the substance of his house.

restoration; the act of replacing in a former state.


revoked; invalidated or caused to no longer be in effect, as by voiding or cancelling.


right, rights; liberty.


safeguard; to prevent loss, theft, destruction, or damage.


set at naught; to disregard or scorn; to treat as unworthy of respect or consideration.


settlor; the person who transfers any property or business to a Trustee in trust for the use of another.


sincerely; honestly; without simulation or disguise.


soul; the spiritual, rational and immortal substance in man, which distinguishes him from the visible creation.


stipulation; agreement; contract.


successors, nominees and assigns; the terms agreed herein are binding even when you die or assign your obligation to another, then your estate, heirs and successors, or the person who thus receives your obligation, are bound by your agreement.


theft; a criminal act that deprives a person of his property held in trust without his consent.


The Holy Bible; The Holy Bible, Authorized King James Version.


to wit; that is to say; namely; specifically.


transfer of title; change of ownership of property; A Trustee takes legal title of the trust property but the Trustee does not have the right to receive any benefits from the property, the right to benefit from the property, known as equitable title, belongs to the beneficiary.


trespass; an unlawful act committed against the person or property of another.


trust; a relationship created at the direction of an individual, in which one or more persons hold the individual’s property subject to certain duties to use and or protect it for the benefit of others.


trust property; property; a limited interest in property; a chose in action.


Trustee; the person to whom any property or business is transferred in trust for the benefit of another.


vexation; afflictive; teasing.


voided; annulled; invalidated.


will; the different operations of the mind, soul, or intellectual part of man. In other words, we reason with respect to the value or importance of things; we then judge which is to be preferred; and we will to take the most valuable.


without prejudice; specific to dispute resolution: stated at the start of a letter or conversation makes the contents inadmissible in any future court proceedings; the communication cannot then be compelled to be produced in evidence or referred to in proceedings; parties can speak openly about the matters in dispute without the risk of the other party using that information against them later in court.


woman; a living soul made in the image of God.

Genesis 1:27

  1. So God created man in his own image, in the image of God created he him; male and female created he them.

Genesis 2:7

  1. And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.

END DEFINITION OF TERMS
END REMINDER

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