McLean v Attorney General of New South Wales [2003] NSWSC 853

McLean v Attorney General of New South Wales [2003] NSWSC 853

The court found that while educational practices for children with disabilities have changed since the will was made, the testator's intention was specifically to benefit children taught together in a specially structured learning environment. Accordingly, only specialist classes for disabled children and not mainstream classes are included in the scheme. The scheme was settled to allow flexibility so that other schools meeting these criteria in the Cessnock area may benefit as circumstances change.

Jurisdiction
Australia
Judgment Date
15 September 2003
Procedural Posture
Settlement of Cy Près Scheme in Probate Matters / Approval of Scheme and Final Orders
Outcome
Cy près scheme settled; final orders made for administration of estate in accordance with amended scheme.
Legal Topics
['cy Près Scheme' 'charitable Trusts' 'administration of Charitable Gifts']
['equity' 'charity Law'] ['cy Près Scheme' 'charitable Trusts' 'administration of Charitable Gifts']

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

Settlement of Cy Près Scheme in Probate Matters / Approval of Scheme and Final Orders

Legal Issues

  1. 1 ["Permissible extent of departure from the testator's expressed intention in cy près schemes" 'Eligibility criteria for beneficiary schools under the scheme']

Ratio Decidendi

The court found that while educational practices for children with disabilities have changed since the will was made, the testator's intention was specifically to benefit children taught together in a specially structured learning environment. Accordingly, only specialist classes for disabled children and not mainstream classes are included in the scheme. The scheme was settled to allow flexibility so that other schools meeting these criteria in the Cessnock area may benefit as circumstances change.

Court Disposition

Cy près scheme settled; final orders made for administration of estate in accordance with amended scheme.

Orders

  • ['The residuary estate of William Joseph Liddell is to be administered in accordance with the approved cy près scheme as amended and initialed by the court.' 'The Trustee is to be paid one million dollars by 30 September 2003, and the balance within twenty-eight days after the later of costs payment or passing of...