CHARITIES AND NOT-FOR-PROFITS — Charitable gifts and trusts — Whether cy-près or administrative scheme can be ordered — Termination of Australian trust and transfer of Sterling denominated assets to English trust — “Original purposes of a charitable trust” — Charitable Trusts Act 1993 (NSW), s 9(1).
Dr Christos Mantziaris represented the Defendant.
Reasons for the decision can be found here.
EQUITY – Charitable trusts — private international law — validity of testamentary gift to a foreign executor applying the gift to a charitable purpose in a foreign jurisdiction — how the foreign charitable purpose is to be assessed — Hague Convention — evidence of foreign law.
Dr Christos Mantziaris represented the Attorney General (NSW).
Reasons for the decision can be found here.
EQUITY – trusts and trustees – purpose trusts – where trustee was a local council – where council held land or parts of it on trust for a county road and other purposes – where condition of trusts was that council transfer land or parts of it required for a county road to named body when requested at no cost – where Plaintiff sought transfer of the parcels of land that it ‘required’ for the construction of a road – whether council required to transfer only that part of land that was previously ‘reserved’ or that part of land which was now ‘required’ to the Plaintiff under the terms of the trusts – whether use for a road encompassed ancillary requirements for the construction of the road.
LOCAL GOVERNMENT – regulation and administration – ordinances, regulations, by-laws and local laws – where council held parcels of land on trust for particular purposes – whether obligations arising under the trusts were affected by Local Government Act 1993 (NSW) – application of County of Cumberland Planning Scheme Ordinance.
CHARITIES – charitable purposes – other purposes beneficial to public – where council held land on trust for road purposes and for the purposes of a public park, reserve or recreation area – whether trusts created for purposes of roads and road works are charitable trusts – whether trusts created for purposes of parks and public reserves are charitable trusts – whether trust purposes impractical or impossible – whether to order cy-pres scheme.
WORDS AND PHRASES – ‘required’ – ‘reserved’ – ‘road purposes’ – ‘purposes of a road’.
Dr Christos Mantziaris and Steven Cominos appeared for RMS.
Liability limited by a scheme approved under Professional Standards Legislation.