Hunter Region SLSA Helicopter Rescue Service Ltd v Attorney General for NSW [2000] NSWSC 456

Hunter Region SLSA Helicopter Rescue Service Ltd v Attorney General for NSW [2000] NSWSC 456

The Hunter Region application could not be granted as an amendment of the charitable trust itself, but the Court could approve and vary the administrative scheme regulating the trust, and the proposed changes to permit separately applied Tamworth district funds were appropriate. The RSL matters required a true cy-pres scheme because the Northcott Neurological Centre had closed, and the proposed Northcott Clinical Neurosciences Laboratory scheme sufficiently carried forward the charitable purpose of neurological medical diagnosis, treatment or research primarily for ex-service men and women, war widows, widowers and dependents.

Jurisdiction
Australia
Judgment Date
22 May 2000
Procedural Posture
Equity Proceedings Concerning Schemes in Relation to Charitable Trusts / Applications for Variation of an Administrative Scheme and Approval of a Cy Pres Scheme
Outcome
SC 2429/00: variation of scheme approved. SC 4532/93 and SC 1052/94: cy-pres scheme approved.
Legal Topics
['charitable Trusts' 'administrative Schemes' 'variation of Schemes' 'cy Pres Schemes' 'court Supervision of Charities']
['charities' 'trusts' 'equity'] ['charitable Trusts' 'administrative Schemes' 'variation of Schemes' 'cy Pres Schemes' 'court Supervision of Charities']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Schemes in Relation to Charitable Trusts / Applications for Variation of an Administrative Scheme and Approval of a Cy Pres Scheme

Legal Issues

  1. 1 ['Whether the Court could approve a variation of an existing scheme for the Hunter Region SLSA Helicopter Rescue Service charitable trust rather than an amendment of the trust itself.' 'Whether a cy-pres scheme should be approved for charitable trust funds formerly directed to neurological services at the Northcott Neurological Centre after that institution had closed.' "The scope and source of the Supreme Court's jurisdiction to settle, vary and approve schemes for charitable trusts."]

Ratio Decidendi

The Hunter Region application could not be granted as an amendment of the charitable trust itself, but the Court could approve and vary the administrative scheme regulating the trust, and the proposed changes to permit separately applied Tamworth district funds were appropriate. The RSL matters required a true cy-pres scheme because the Northcott Neurological Centre had closed, and the proposed Northcott Clinical Neurosciences Laboratory scheme sufficiently carried forward the charitable purpose of neurological medical diagnosis, treatment or research primarily for ex-service men and women, war widows, widowers and dependents.

Court Disposition

SC 2429/00: variation of scheme approved. SC 4532/93 and SC 1052/94: cy-pres scheme approved.

Orders

  • ['In SC 2429/00, short minutes were to be brought in approving a scheme in terms of the previous Terms of Settlement and embodying the amendment brought forward.' 'In SC 4532/93 and SC 1052/94, orders were made in accordance with the short minutes initialled by Hamilton J and placed with the papers.']