Maxwell James Anthony Connery v Williams Business College Limited & Anor [2014] NSWSC 154

Maxwell James Anthony Connery v Williams Business College Limited & Anor [2014] NSWSC 154

Clause 7 of the Will is void for uncertainty but exhibits a general charitable intention; the appropriate remedy is the implementation of a cy-pres scheme for the period between December 1999 and the date of judgment, and for the future, an order under Charitable Trusts Act, s 13(2) requiring the Attorney General to establish a scheme for administration of the fund.

Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Application for Judicial Advice Regarding Charitable Trust / Final Judgment
Outcome
Orders to be formulated: cy-pres scheme approved for period since December 1999 (minus clause 10), future administration by a scheme to be established by the Attorney General under Charitable Trusts Act, s 13(2).
Legal Topics
['application for Judicial Advice' 'charitable Trusts' 'cy Pres Scheme' 'general Charitable Intention' 'uncertainty of Will' 'administration of Trust Funds']
['equity' 'charitable Trusts'] ['application for Judicial Advice' 'charitable Trusts' 'cy Pres Scheme' 'general Charitable Intention' 'uncertainty of Will' 'administration of Trust Funds']

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Procedural Posture

Application for Judicial Advice Regarding Charitable Trust / Final Judgment

Legal Issues

  1. 1 ['Whether clause 7 of the Will is void for uncertainty' 'Whether clause 7 demonstrates a general charitable intention' 'Whether a cy-pres scheme should be ordered under Charitable Trusts Act 1993 (NSW)' 'Whether the Attorney General should be ordered under Charitable Trusts Act, s 13 to establish a scheme']

Ratio Decidendi

Clause 7 of the Will is void for uncertainty but exhibits a general charitable intention; the appropriate remedy is the implementation of a cy-pres scheme for the period between December 1999 and the date of judgment, and for the future, an order under Charitable Trusts Act, s 13(2) requiring the Attorney General to establish a scheme for administration of the fund.

Court Disposition

Orders to be formulated: cy-pres scheme approved for period since December 1999 (minus clause 10), future administration by a scheme to be established by the Attorney General under Charitable Trusts Act, s 13(2).

Orders

  • ['Court approves a cy-pres scheme retrospectively from 2 December 1999 to present by reference to the operative provisions of the Trust Deed minus clause 10.' 'For the future, the Attorney General is to establish a scheme for administration of the Fund under Charitable Trusts Act, s 13(2).' 'Parties to formulate...