Northern NSW Helicopter Rescue Service Limited v Attorney General of New South Wales [2023] NSWSC 515

Supreme Court New South Wales

Medium Neutral Citation: Northern NSW Helicopter Rescue Service Limited v Attorney General of New South Wales [2023] NSWSC 515 Hearing dates: 24 April 2023 Decision date: 18 May 2023 Jurisdiction: Equity Before: Robb J Decision: See [123] – [133] Catchwords: CHARITIES AND NOT-FOR-PROFITS — charitable gifts and trusts — cy-près scheme — application to extend permitted geographical area of operation of charitable trust — whether effect of present terms of the charitable trust is that they have ceased to provide a "suitable and effective method" of using trust property for the purposes of Charitable Trusts Act 1993 (NSW), s 9 — where future financial viability of the charitable trust depends on extension of geographical area and possible expansion of permitted purposes — whether proposed clause defining expanded purposes of charitable trust is unjustifiably broad Legislation Cited: Charitable Trusts Act 1993 (NSW), s 9 Cases Cited: Allen Ralph Robinson as Trustee for the Trust Fund of the Fairfax Fellowships at Balliol College v Attorney General of New South Wales [2022] NSWSC 996 Attorney General for New South Wales v Fulham [2002] NSWSC 629 Coral Levett v Attorney General in and for the State of New South Wales [2014] NSWSC 1787 Forrest v Attorney-General [1986] VR 187 Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irenij Dobrijevic (2017) 94 NSWLR 340; [2017] NSWCA 28 Hunter Region SLSA Helicopter Rescue Service Ltd v Attorney General for NSW [2000] NSWSC 456 Hunter Region SLSA Helicopter Rescue Service Ltd v Attorney General of New South Wales [2013] NSWSC 1749 In re Lepton's Charity [1972] Ch 276 Northern Sydney and Central Coast Area Health Service v The Attorney General for New South Wales [2007] NSWSC 881 Perpetual Trustee Company Ltd v Attorney General for the New South Wales (The Will of the Hon George Nesbitt) [2018] NSWSC 1456 Re Lepton's Charity [1972] Ch 276 RSL Veterans' Retirement Villages Ltd v NSW Minister for Lands [2006] NSWSC 1161 University of New South Wales v Attorney General for New South Wales [2019] NSWSC 178 Varsani v Jesani [1999] Ch 219 Category: Principal judgment Parties: Northern NSW Helicopter Rescue Service Limited (Plaintiff) Attorney General of New South Wales (Defendant) Representation: Counsel: C Mantziaris (Plaintiff) T Glover/L Chapman (Defendant)