Perpetual Trustee Company Limited v The Attorney General of NSW [2007] NSWSC 1339

Perpetual Trustee Company Limited v The Attorney General of NSW [2007] NSWSC 1339

As Aid Retarded Persons N.S.W. no longer exists, the charitable gift cannot take effect; a cy-pres scheme must be settled to carry out the original intent of the gift as closely as possible.

Jurisdiction
Australia
Judgment Date
22 November 2007
Procedural Posture
Charitable Trust Proceedings / Judgment
Outcome
Cy-pres scheme to be settled
Legal Topics
['charitable Trusts' 'cy Pres Scheme' 'failure of Charitable Gift']
['trusts' 'equity'] ['charitable Trusts' 'cy Pres Scheme' 'failure of Charitable Gift']

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Procedural Posture

Charitable Trust Proceedings / Judgment

Legal Issues

  1. 1 ['Has the gift to Aid Retarded Persons N.S.W. failed?' 'What is the result of the failure?' 'Should a cy-pres scheme be settled?']

Ratio Decidendi

As Aid Retarded Persons N.S.W. no longer exists, the charitable gift cannot take effect; a cy-pres scheme must be settled to carry out the original intent of the gift as closely as possible.

Court Disposition

Cy-pres scheme to be settled

Orders

  • ['Declare that the original trust has ceased to exist because the company has been dissolved.' 'Direct that a scheme be settled.' 'Matter stood over for draft orders and directions as to further conduct of the action.']