Gray v Australian Cancer Foundation for Medical Research; Estate Harold Boardman [1999] NSWSC 492

Gray v Australian Cancer Foundation for Medical Research; Estate Harold Boardman [1999] NSWSC 492

No existing body matched the description 'The Cancer Research Foundation' in the will, but a general charitable intent was clear. The fund should be distributed cy pres equally among the three major cancer charities before the court (1st, 3rd, and 4th defendants).

Jurisdiction
Australia
Judgment Date
11 May 1999
Procedural Posture
Charitable Trusts/equity / Final Determination and Orders
Outcome
Fund to be distributed cy pres equally between the three claimant charities; costs of all parties to be paid from the fund on an indemnity basis.
Legal Topics
['charitable Trusts' 'cy Pres Doctrine' 'construction of Wills' 'identification of Beneficiaries']
['equity' 'charities' 'wills and Estates'] ['charitable Trusts' 'cy Pres Doctrine' 'construction of Wills' 'identification of Beneficiaries']

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

Charitable Trusts/equity / Final Determination and Orders

Legal Issues

  1. 1 ["Whether any defendant matches 'The Cancer Research Foundation' named in the will" 'Whether the will displays a general charitable intention' 'How funds should be distributed cy pres']

Ratio Decidendi

No existing body matched the description 'The Cancer Research Foundation' in the will, but a general charitable intent was clear. The fund should be distributed cy pres equally among the three major cancer charities before the court (1st, 3rd, and 4th defendants).

Court Disposition

Fund to be distributed cy pres equally between the three claimant charities; costs of all parties to be paid from the fund on an indemnity basis.

Orders

  • ['The fund be distributed equally between Australian Cancer Foundation for Medical Research, New South Wales State Cancer Council, and the University of Sydney for cancer research purposes.' 'The costs of all parties be paid out of the monies directed to The Cancer Research Foundation on the indemnity basis.'...