Amour v National Trust of Australia (NSW) [2009] NSWSC 23

Amour v National Trust of Australia (NSW) [2009] NSWSC 23

Mr Stewart is entitled to use, repair, restore, assemble, and disassemble any or all of the vintage cars during his lifetime, subject to the purpose of reconstruction or restoration; he may change selection from time to time. Expenses incurred from use are to his account. The National Trust is responsible for costs of storage, maintenance, repairs and insurance as trustee and for exhibition, except registration for public road use, which is Mr Stewart's responsibility.

Jurisdiction
Australia
Judgment Date
06 February 2009
Procedural Posture
Application for Construction of Will / Judgment on Questions of Construction
Outcome
Determination of construction of will; declaration of answers to questions as per paragraph 23.
Legal Topics
['construction of Wills' 'charitable Trusts' 'cy Pres Scheme']
['succession' 'equity'] ['construction of Wills' 'charitable Trusts' 'cy Pres Scheme']

Case Brief

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Procedural Posture

Application for Construction of Will / Judgment on Questions of Construction

Legal Issues

  1. 1 ['Proper construction of clauses 3(b) and 10 of the will of Paul William Butler' 'Scope of rights conferred on Mr Stewart in respect of vintage cars' 'Obligations regarding costs associated with use, maintenance, and preservation of vehicles']

Ratio Decidendi

Mr Stewart is entitled to use, repair, restore, assemble, and disassemble any or all of the vintage cars during his lifetime, subject to the purpose of reconstruction or restoration; he may change selection from time to time. Expenses incurred from use are to his account. The National Trust is responsible for costs of storage, maintenance, repairs and insurance as trustee and for exhibition, except registration for public road use, which is Mr Stewart's responsibility.

Court Disposition

Determination of construction of will; declaration of answers to questions as per paragraph 23.

Orders

  • ['(a)(i) and (ii): Yes. (a)(iii): Yes, if possible. (a)(iv): Mr Stewart is not restricted to one choice. (a)(v): Yes. (b)(i)-(iv): Yes. (b)(v): Yes, if step is for reconstruction/restoration. (c): No. (d): Not appropriate to answer. (e)(i): Mr Stewart must pay costs he incurs. (e)(ii): National Trust must pay costs...