Perpetual Trustee Company Ltd v Attorney General for the State of New South Wales (The Will of the Hon George Nesbitt) (No 3) [2018] NSWSC 1784

Perpetual Trustee Company Ltd v Attorney General for the State of New South Wales (The Will of the Hon George Nesbitt) (No 3) [2018] NSWSC 1784

Because all relevant parties consented, r 36.15(2) supplied power to amend the orders. The substantive changes, including using a seven-year historical pool ending 30 June 2016 with 16 recipients and calculating interest until distribution to the School, were accepted because the agreed regime appeared to achieve the charitable purpose and the Court should not lightly obstruct such an agreed administration of the charitable trust.

Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Equity Proceeding Concerning Charitable Trusts and a Cy Près Scheme / On the Papers Notice of Motion Seeking Consent Amendments to Final Orders Made on 1 November 2018
Outcome
Consent orders made amending the orders made on 1 November 2018.
Legal Topics
['charitable Trusts' 'cy Près Scheme' 'variation by Consent' 'amendment of Orders']
['trusts' 'equity' 'civil Procedure'] ['charitable Trusts' 'cy Près Scheme' 'variation by Consent' 'amendment of Orders']

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Procedural Posture

Equity Proceeding Concerning Charitable Trusts and a Cy Près Scheme / On the Papers Notice of Motion Seeking Consent Amendments to Final Orders Made on 1 November 2018

Legal Issues

  1. 1 ['Whether the Court should amend the final orders made on 1 November 2018 by consent of all relevant parties.' 'Whether the proposed changes to the historical scholarship distribution pool and calculation of interest should be accepted.']

Ratio Decidendi

Because all relevant parties consented, r 36.15(2) supplied power to amend the orders. The substantive changes, including using a seven-year historical pool ending 30 June 2016 with 16 recipients and calculating interest until distribution to the School, were accepted because the agreed regime appeared to achieve the charitable purpose and the Court should not lightly obstruct such an agreed administration of the charitable trust.

Court Disposition

Consent orders made amending the orders made on 1 November 2018.

Orders

  • ['Set aside order 3(b).' 'Replace references to 18 and 1/18 in order 3(d)(i) by references to 16 and 1/16 respectively.' 'Replace references to "30 June 2017" in orders 3(d)(i) and (ii) by references to "30 June 2016".' 'Replace the words "-2017" by the words "until the distribution to the School of the funds held...