Ubiparipovic v Vucicevic [2018] NSWSC 1583

Ubiparipovic v Vucicevic [2018] NSWSC 1583

The settlement was approved because the Attorney General consented, the Court independently satisfied itself that the compromise was proper, and the proposed cy-près scheme was detailed, rational, practical, proportionate, consistent with White J's judgment, negotiated with legal assistance, and would resolve complex disputes while avoiding significant legal costs.

Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Charitable Trust Proceedings / Application for Approval of Settlement in Equity Applications List
Outcome
Settlement of the charitable trust proceedings approved in accordance with the terms of settlement agreed between the parties.
Legal Topics
['approval of Settlement of Charitable Trust Proceedings' 'cy Près Scheme' 'attorney General Consent' 'application of Trust Property' 'appointment of Trustees']
['charitable Trusts' 'equity' 'trusts'] ['approval of Settlement of Charitable Trust Proceedings' 'cy Près Scheme' 'attorney General Consent' 'application of Trust Property' 'appointment of Trustees']

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Procedural Posture

Charitable Trust Proceedings / Application for Approval of Settlement in Equity Applications List

Legal Issues

  1. 1 ['Whether the proposed settlement of the charitable trust proceedings should be approved.' 'Whether a cy-près scheme should be approved for the trust property.' 'Whether declarations and trustee appointments should be made to give effect to the settlement.']

Ratio Decidendi

The settlement was approved because the Attorney General consented, the Court independently satisfied itself that the compromise was proper, and the proposed cy-près scheme was detailed, rational, practical, proportionate, consistent with White J's judgment, negotiated with legal assistance, and would resolve complex disputes while avoiding significant legal costs.

Court Disposition

Settlement of the charitable trust proceedings approved in accordance with the terms of settlement agreed between the parties.

Orders

  • ["The Court noted the Deed of Settlement dated 11 April 2018, the Deed of Variation of Settlement dated 18 October 2018, the resolution of 16 December 2017 appointing the Second Defendant as representative of the Free ANZ Diocese for the purpose of the proceedings, and the Attorney General's leave for continuation...