Cram Foundation v Corbett-Jones & anor [2006] NSWSC 495

Cram Foundation v Corbett-Jones & anor [2006] NSWSC 495

The will contained an absolute gift to charity with a condition subsequent, the gift over on that condition being void for perpetuity. As a result, the Foundation as successor holds an absolute charitable interest. The trust purposes having become unsuitable and ineffective, a cy pres scheme should be directed.

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Charity/trust Application (equity) / Final Judgment After Contested Application
Outcome
Orders made in terms sought; cy pres scheme approved
Legal Topics
['charitable Trusts' 'cy Pres' 'trustee Succession' 'rule Against Perpetuities' 'administration of Charitable Gifts' 'appointment of Representative of Next of Kin']
['charities Law' 'trusts' 'equity' 'wills and Estates'] ['charitable Trusts' 'cy Pres' 'trustee Succession' 'rule Against Perpetuities' 'administration of Charitable Gifts' 'appointment of Representative of Next of Kin']

Case Brief

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Procedural Posture

Charity/trust Application (equity) / Final Judgment After Contested Application

Legal Issues

  1. 1 ['Should a representative of next-of-kin be appointed?' 'Was the gift in the will a valid charitable gift?' 'Is the plaintiff the lawful successor of the original trustee?' 'Is the gift over void for perpetuity?' 'Has there been a supervening failure of the trust purposes?' 'Is cy pres available and should a scheme be approved?']

Ratio Decidendi

The will contained an absolute gift to charity with a condition subsequent, the gift over on that condition being void for perpetuity. As a result, the Foundation as successor holds an absolute charitable interest. The trust purposes having become unsuitable and ineffective, a cy pres scheme should be directed.

Court Disposition

Orders made in terms sought; cy pres scheme approved

Orders

  • ['Appointment of Ms Corbett-Jones as representative of next-of-kin pursuant to UCPR r 7.6' 'Declarations: gift in will is valid charitable gift; the plaintiff is the lawful successor of the original trustee and holds property on trust per the will; the gift over is void; the original charitable purposes are no...