Perpetual Trustee Company Ltd v Attorney General of New South Wales [2024] NSWSC 257

Perpetual Trustee Company Ltd v Attorney General of New South Wales [2024] NSWSC 257

The Court found that the administration of the two testamentary trusts in parallel is administratively difficult and inefficient, and that the original purposes of the trusts have ceased to provide a suitable and effective method for using the trust property, having regard to the spirit of the trust. The requirements in s 9 of the Charitable Trusts Act 1933 (NSW) are satisfied, permitting approval of a cy-près scheme. The scheme to be advanced should define the Coolringdon Trust’s purposes using language based on Mrs Litchfield’s will but without unnecessary elaboration, especially concerning research, aligning as closely as practicable to the original charitable intentions.

Jurisdiction
Australia
Judgment Date
19 March 2024
Procedural Posture
Equity – Charities – Cy Près Scheme Application / Interlocutory Judgment on Approval of Proposed Scheme
Outcome
Application for cy-près scheme allowed in principle. Plaintiffs to submit revised scheme reflecting judgment.
Legal Topics
['cy Près Schemes' 'charitable Trusts' 'trust Administration']
['equity' 'charities Law'] ['cy Près Schemes' 'charitable Trusts' 'trust Administration']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity – Charities – Cy Près Scheme Application / Interlocutory Judgment on Approval of Proposed Scheme

Legal Issues

  1. 1 ['Whether a cy-près scheme should be ordered for assets of two trusts to be applied under a single scheme; Whether the original purposes of the charitable trusts have ceased to provide a suitable and effective method of using the trust property; How the purposes of the new trust (Coolringdon Trust) should be defined']

Ratio Decidendi

The Court found that the administration of the two testamentary trusts in parallel is administratively difficult and inefficient, and that the original purposes of the trusts have ceased to provide a suitable and effective method for using the trust property, having regard to the spirit of the trust. The requirements in s 9 of the Charitable Trusts Act 1933 (NSW) are satisfied, permitting approval of a cy-près scheme. The scheme to be advanced should define the Coolringdon Trust’s purposes using language based on Mrs Litchfield’s will but without unnecessary elaboration, especially concerning research, aligning as closely as practicable to the original charitable intentions.

Court Disposition

Application for cy-près scheme allowed in principle. Plaintiffs to submit revised scheme reflecting judgment.

Orders

  • ['Direct the plaintiffs to bring in a revised scheme in accordance with these reasons by no later than 4pm on 2 April 2024.' 'Intention to order costs of the Attorney-General and the University to be paid from the trust fund on the ordinary basis in equal proportions, subject to submissions.']