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Noel’s Caravans owner Noel Faggotter’s daughters Naomi Joy Porter and Torie Lee-Anne Cooper take Supreme Court action over father’s fortune

Claims of missing gold and an “unconscionable” marriage have emerged amid a bitter legal dispute over the fortune of the owner of Noel’s Caravans as his daughters take him to court.

Noel's Caravans owner terminally ill

Claims of missing gold and a luxury car have emerged amid a bitter legal dispute over a caravan empire amassed by one of South Australia’s most well-known businessmen.

Noel’s Caravans owner Noel Faggotter’s daughters have taken legal action against their terminally ill father and his new wife Rosemary Dunn over the renowned business owner’s capacity to manage his millions of dollars earned as SA’s most recognisable caravan dealer.

According to a statement of claim lodged in the Supreme Court, Mr Faggotter’s only children Naomi Joy Porter and Torie Lee-Anne Cooper believe their father is no longer fit to manage his affairs after being diagnosed with a brain tumour last March.

They also believe their father’s marriage on July 25 to Ms Dunn, 74, should be invalidated because he was not fit to marry and that Ms Dunn engaged in “unconscionable conduct” by marrying the terminally ill caravan mogul.

Noel's Caravan owner Noel Faggotter’s daughters have taken legal action against their terminally ill father and his new wife. Picture: Supplied
Noel's Caravan owner Noel Faggotter’s daughters have taken legal action against their terminally ill father and his new wife. Picture: Supplied

In other legal documents obtained by The Advertiser, Mr Faggotter’s daughters claim their father purchased $2m worth of gold and silver bullion – half of which they claim was purchased for the business – just weeks after his diagnosis.

Mr Faggotter’s daughters claim their father, 72, removed about $500,000 of the gold bullion, along with his personal jewellery, from his safe and stored it elsewhere in his home or at another location.

They also claim the location of a $150,000 Land Rover, which was transported to Darwin along with a caravan for a planned trip before Mr Faggotter’s health deteriorated, is unknown.

They said it was returned to Adelaide after the trip was cancelled, but not to Mr Faggotter’s home.

The document states Ms Porter and Ms Cooper “continue to be concerned about the recent use of personal and business funds and the purposes for which these funds have been used as they appear to go beyond these immediate lifestyle requirements”.

The legal action comes after Mr Faggotter asked for access to a bank account containing $50,000 for he and Ms Dunn to access freely.

Mr Faggotter’s daughters claim their father has lost capacity to manage his affairs. Picture: Supplied
Mr Faggotter’s daughters claim their father has lost capacity to manage his affairs. Picture: Supplied

However, his daughters claim Mr Faggotter has access to a “substantial cash pool”.

Ms Porter and Ms Cooper, who were appointed directors of Noel’s Caravans on February 8, have also sought an injunction in the Supreme Court to prevent their father from remarrying if his marriage to Ms Dunn is voided.

They allege Ms Dunn was aware Mr Faggotter’s oncologist had assessed him as having lost capacity and that his enduring power of attorney arrangement should be activated, leaving them to manage their father’s affairs.

Ms Porter and Ms Cooper allege their father made two separate binding death declarations that his death benefit be paid to them in equal parts.

In a will allegedly executed after his diagnosis, Mr Faggotter gifted Ms Dunn, whom he married last month, $300,000 and appointed his daughters as executers of his estate and left them his iconic business.

However, that will was invalidated when Mr Faggotter and Ms Dunn married.

South Australian football legends Malcolm Blight and Neil Kerley both appeared in Noel’s Caravans television commercials. Picture: Supplied
South Australian football legends Malcolm Blight and Neil Kerley both appeared in Noel’s Caravans television commercials. Picture: Supplied

Ms Porter and Ms Cooper allege their father had told them on several occasions he did not intend to remarry and had “made oral statements on a number of occasions to them and to his friends prior to his diagnosis with a brain tumour to the effect that he was not intending to marry again” because he “did not want to give away any more houses”.

They also alleged their father had rejected marriage proposals from Ms Dunn before their marriage.

“ … Noel was incapable of providing real consent to marriage as he did not understand the nature and effect of the marriage ceremony,” they said.

“Rose purported to marry Noel … by taking advantage of his special disability and in order to obtain a financial benefit to herself knowing that marriage would invalidate any previous will.”

They also allege their father had forgotten he had withdrawn $1m from his bank account in February this year.

In a medical report written on August 8, geriatrician Dr Jane Hecker concluded Mr Faggotter did not have “the ability to manage his finance and assets” and “demonstrates paranoia regarding individuals with a claim on his estate”.

“Based on my discussions today, only a week following his marriage, I do not believe he was able to appreciate the implications of marriage, particularly in relation to the financial implications of the marriage for his estate and his existing will,” Dr Hecker wrote.

Ms Cooper and Ms Porter claim their father’s marriage to Ms Dunn should be declared void because of his lack of capacity. Picture: Dean Martin
Ms Cooper and Ms Porter claim their father’s marriage to Ms Dunn should be declared void because of his lack of capacity. Picture: Dean Martin

Dr Hecker wrote that Mr Faggotter estimated his business’ value at $1.6m and his estate was worth $10m.

“When asked about what he would want for the distribution of his estate he replied that he did not want it to go to his daughters because ‘they still want to control me’ and ‘they don’t deserve it’,” Dr Hecker wrote.

Dr Hecker wrote that Mr Faggotter had “vague knowledge and understanding of his assets and is not able to make a rationed decision regarding his asset distribution”.

“I believe Mr Faggotter is highly vulnerable to suggestion and undue influence as a result of his frontal brain impairment and this may well have had a role in the changes to his long-held beliefs and previous decisions regarding legal documents,” Dr Hecker wrote.

At a directions hearing on August 18, solicitor Mark Jordan was appointed as litigation guardian of the matter.

Judge Graham Dart said the appointment was “indicative of the fact that the respondent is not in a position to manage his own affairs properly because he’s not able to give instructions in relation to litigation”.

In the Supreme Court on Friday, Ted Guthrie, for Ms Dunn, said his client denied “exploiting” Mr Faggotter.

Ms Porter, Ms Cooper, Ms Dunn and their lawyers declined to comment.

A response to Ms Porter and Ms Cooper’s claim was expected to be lodged by Friday.

Original URL: https://www.adelaidenow.com.au/news/south-australia/noels-caravans-owner-noel-faggotters-daughters-naomi-joy-porter-and-tori-leeanne-cooper-take-supreme-court-action-over-fathers-fortune/news-story/f917cb8a763fc23a42ed23acfbdd350a