Attorney-General (NSW) v Perpetual Trustee Co Ltd [1966] HCA 33

High Court of Australia Barwick C.J. Taylor and Owen JJ. Attorney-General (NSW) v Perpetual Trustee Co Ltd [1966] HCA 33

ORDER Appeal allowed. Decretal order of the Supreme Court of 10th December 1965 varied by deleting the order therein contained that the said certificate of the Master in Equity dated 9th July 1964 be and is hereby varied by deleting therefrom the finding and certificate numbered 2 therein and by substituting in lieu thereof a finding and certificate that at the date of the death of the above-named George Harris deceased there was not a reasonable prospect that it would be practicable at any future date to carry into execution the trust in the codicil to the will of the said deceased contained for the building and use upon the northern portion of Block 47B say three hundred feet to Murray Street and three hundred feet to Pyrmont Street Ultimo of a District Dispensary and Receiving Hospital for the use of the Presbyterian and Protestant poor and also by deleting the last two declarations contained in the said decretal order and substituting therefor a declaration and order that upon the true construction of the said codicil and in the events which have happened the trusts relating to the amount now representing the Northern portion of Block Forty-seven B say three hundred feet to Murray Street and three hundred feet to Pyrmont Street Ultimo and the trusts relating to the sum of £10,000 in the said codicil referred to and the sum of £2,000 in the said codicil firstly referred to should be executed cy-près and that it be referred to the Master in Equity to settle a scheme for the regulation and management of the said trusts. The costs of appeal of all parties to be paid out of the estate of the testator, those of the trustee as between solicitor and client.