Stannard v Co-ordination Co-operative Ltd [2012] NSWSC 102

Stannard v Co-ordination Co-operative Ltd [2012] NSWSC 102

The question whether the Nimbin land is subject to a charitable trust is not within the statutory definition of charitable trust proceedings because it raises no breach of a charitable trust, and although a proposed transfer to a sole trustee concerns administration, that question depends on whether a charitable trust exists. The question whether the land is held on a valid charitable trust should therefore be determined first, before other issues.

Jurisdiction
Australia
Judgment Date
14 February 2012
Procedural Posture
Separate Question / Notice of Motion Concerning Leave to Continue Charitable Trust Proceedings and Determination of Paragraph 1 of the Cross Summons
Outcome
Decision to be made with respect to paragraph 1 of the cross-summons before any other decision arising under the summons and cross-summons is made; notice of motion stood over; costs reserved; proceedings stood over for directions.
Legal Topics
['charitable Trust Proceedings' 'valid Charitable Trust' 'administration of Charitable Trust' 'leave to Bring or Continue Proceedings' 'separate Question']
['charities' 'trusts' 'equity' 'civil Procedure'] ['charitable Trust Proceedings' 'valid Charitable Trust' 'administration of Charitable Trust' 'leave to Bring or Continue Proceedings' 'separate Question']

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Procedural Posture

Separate Question / Notice of Motion Concerning Leave to Continue Charitable Trust Proceedings and Determination of Paragraph 1 of the Cross Summons

Legal Issues

  1. 1 ['Whether proceedings seeking a declaration that land at Nimbin is held on a valid charitable trust are charitable trust proceedings within the definition in Charitable Trust Act 1993, s 5(1).' 'Whether leave was required or should be given under Charitable Trust Act 1993, s 6(1)(b) and s 6(2A).' 'Whether the question whether the Nimbin land is held upon a valid charitable trust should be determined before other issues in the proceedings.']

Ratio Decidendi

The question whether the Nimbin land is subject to a charitable trust is not within the statutory definition of charitable trust proceedings because it raises no breach of a charitable trust, and although a proposed transfer to a sole trustee concerns administration, that question depends on whether a charitable trust exists. The question whether the land is held on a valid charitable trust should therefore be determined first, before other issues.

Court Disposition

Decision to be made with respect to paragraph 1 of the cross-summons before any other decision arising under the summons and cross-summons is made; notice of motion stood over; costs reserved; proceedings stood over for directions.

Orders

  • ['A decision be made with respect to paragraph 1 of the cross-summons before any other decision arising under the summons and cross-summons is made.' 'The notice of motion filed on 22 July 2011 is stood over before the trial judge.' 'The costs of the notice of motion are reserved.' 'The proceedings be stood over for...