Cy–près scheme ordered by Attorney General (NSW). Non-publication order (NSWSC, Lindsay J, 18 February 2020).
perpetual Trustee v Attorney General (NSW) (Estate of Thelma Pyne) (NSWSC 2019/368218)
Trustee application to save charitable gift to Foundation 41, a defunct institution (a case of supervening impossibility). Cy-près scheme ordered (NSWSC, Slattery J, 17 February 2020).
Royal Botanic Gardens and Domain Trust v The Attorney General of New South Wales [2018] NSWSC 1666 (31 October 2018)
EQUITY — charitable trusts — Validity and practicability — Administrative scheme ordered for a scholarship bequest for the purposes of the Mt Tomah Garden administered by the Royal Botanic Garden and Domain Trust.
Dr Christos Mantziaris represented the Attorney General (NSW).
Reasons for the decision can be found here.
Ubiparipovic & Ors v Vucicevic & Ors [2018] NSWSC 1583 (19 October 2018)
EQUITY — charitable trusts – application for approval of the settlement of charitable trust proceedings – Separation of assets of the St George Serbian Orthodox Church and School Cabramatta (SGSOCC) under two cy–près schemes effecting a division of assets between two different church organisations.
Dr Christos Mantziaris represented the representatives of the SGSOCC (Plaintiffs).
Reasons for the decision can be found here.
Lever v Attorney General of NSW [2018] NSWSC 838 (29 May 2018)
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.
Wright v Stevens [2018] NSWSC 548 (3 May 2018)
TRUSTS and TRUSTEES - Trust created by Will - Whether private discretionary trust or charitable trust - Powers, duties of trustee of Trust - Potential object of exercise of discretionary power of appointment - Whether has a right to seek information, seek inspection of documents in the possession of the Trustee and accounts - Approach the Court should take to application by a potential object of exercise of discretionary power for an order directing trustee to disclose information and permit inspection of documents relating to the Trust – Whether duty to account to potential object of exercise of discretionary power of appointment - Trustee resisted claim for information, inspection of documents and accounts.
Dr Christos Mantziaris represented the Attorney General (NSW).
Reasons for the decision can be found here.