NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR [2009] NSWSC 181

NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR [2009] NSWSC 181

On and from 28 March 1923, the members from time to time of the Executive of the Fund were the trustees of the Trust, as evidenced by the contemporaneous minutes and the intention to confer management and control upon the Executive.

Parties
Plaintiff: NSW Masonic Youth Property Trust; Plaintiff: NSW Masonic Welfare Property Trust; First Defendant: Her Majesty's Attorney-General in and for the State of NSW; Second Defendant: Mr Robert French; Third Defendant: Mr Raymond Brooke; Fourth Defendant: Mr Oliver Bergstrom
Jurisdiction
Australia
Judgment Date
24 March 2009
Procedural Posture
Originating Summons / Determination of a Separate Question
Outcome
Separate question answered: trustees were the Executive members from time to time.
Legal Topics
Trustee Identification, Unincorporated Association, Administration of Charitable Funds
Equity Trusts Trustee Identification Unincorporated Association Administration of Charitable Funds

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Parties

NSW Masonic Youth Property Trust

Plaintiff

NSW Masonic Welfare Property Trust

Plaintiff

Her Majesty's Attorney-General in and for the State of NSW

First Defendant

Mr Robert French

Second Defendant

Mr Raymond Brooke

Third Defendant

Mr Oliver Bergstrom

Fourth Defendant

Procedural Posture

Originating Summons / Determination of a Separate Question

Legal Issues

  1. 1 Who were the original trustees of the NSW Masonic Schools Welfare Fund established in 1923?
  2. 2 Was the trust created by the 1923 resolution effectively constituted?
  3. 3 Were the members or the Executive the trustees of the Fund?

Ratio Decidendi

On and from 28 March 1923, the members from time to time of the Executive of the Fund were the trustees of the Trust, as evidenced by the contemporaneous minutes and the intention to confer management and control upon the Executive.

Court Disposition

Separate question answered: trustees were the Executive members from time to time.

Orders

  • The separate question is answered in terms of (b), that the members from time to time of the Executive of the Fund were the trustees of the Trust on and from 28 March 1923, which, for the purpose of the question, is assumed to have been a valid trust.