Application of Peter Wood and anor Hoy v Wood [1999] NSWSC 802

Application of Peter Wood and anor Hoy v Wood [1999] NSWSC 802

There was no admissible evidence establishing a term requiring the fund's assets on dissolution to go to charity. Because the fund had ceased operating, its purposes could no longer be accomplished, and its rules contained no dissolution provision or basis for proportionate distribution, the appropriate distribution was equal division among the members of the fund as at 24 August 1998.

Jurisdiction
Australia
Judgment Date
06 August 1999
Procedural Posture
Application for Judicial Advice Under S 63 of the Trustee Act and Summons Seeking Declaration / Hearing and Judgment Before Master Macready
Outcome
Summons in matter 1577/99 dismissed; judicial advice given that the applicants were justified in treating themselves as trustees and distributing the fund equally among eligible members as at 24 August 1998, while disregarding claims by former members.
Legal Topics
['judicial Advice' 'voluntary Unincorporated Association' 'sickness Fund' 'dissolution and Distribution of Assets' 'charitable Trust']
['equity' 'trusts'] ['judicial Advice' 'voluntary Unincorporated Association' 'sickness Fund' 'dissolution and Distribution of Assets' 'charitable Trust']

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Procedural Posture

Application for Judicial Advice Under S 63 of the Trustee Act and Summons Seeking Declaration / Hearing and Judgment Before Master Macready

Legal Issues

  1. 1 ['Whether the Email Hospital Fund rules included a term requiring assets on dissolution to be donated to a charity with medical objectives.' 'Whether the applicants were justified in regarding themselves as trustees of the funds held with Westpac Bank in Orange.' 'Whether the assets of the fund should be distributed equally to persons who were employees of Email Limited and members of the fund as at 24 August 1998.' 'Whether claims by persons who had ceased to be members as at 24 August 1998 could be disregarded.']

Ratio Decidendi

There was no admissible evidence establishing a term requiring the fund's assets on dissolution to go to charity. Because the fund had ceased operating, its purposes could no longer be accomplished, and its rules contained no dissolution provision or basis for proportionate distribution, the appropriate distribution was equal division among the members of the fund as at 24 August 1998.

Court Disposition

Summons in matter 1577/99 dismissed; judicial advice given that the applicants were justified in treating themselves as trustees and distributing the fund equally among eligible members as at 24 August 1998, while disregarding claims by former members.

Orders

  • ['The summons in 1577 of 1999 should be dismissed.' 'The plaintiffs are justified in regarding themselves as trustees of the funds held with the Westpac Bank in Orange.' 'The plaintiffs are justified in distributing the assets of the fund equally between those persons who were, as at 24 August 1998, employees of...