Application of Paul James Edwards: Estate of the Late John McGregor Edwards [2023] NSWSC 714

Supreme Court New South Wales

Medium Neutral Citation: Application of Paul James Edwards: Estate of the Late John McGregor Edwards [2023] NSWSC 714 Hearing dates: 5 June 2023 Date of orders: 27 June 2023 Decision date: 27 June 2023 Jurisdiction: Equity Before: Slattery J Decision: Judicial Advice given. Gift to be applied cy-près in favour of the second defendant. Costs paid out of the estate. Catchwords: EQUITY - Trusts And Trustees – judicial advice – Trustee Act 1925, s 63 – residuary gift by will to non-existent institution, Aboriginal Children's Medical Research Trust – whether a gift of residue is a misdescription – whether the gift of residue fails for want of sufficient identification of an existing charitable body – whether the will exhibits a general charitable intention to be administered by scheme cy-près – intention of testator for gift be used for the purpose of medical research in respect of Aboriginal children – competing charitable organisations. Legislation Cited: Charitable Trusts Act 1993, ss 5(1), 6(1)(a), 9, 10 Trustee Act 1925, s 63 Cases Cited: Connery v Williams Business College Ltd [2014] NSWSC 154 Cram Foundation v Corbett-Jones [2006] NSWSC 495 Estate Polykarpou; Re A Charity [2016] NSWSC 409 Graeme Philip White as administrator of the Estate of Josephine Agnes Virgona v Attorney General of NSW [2019] NSWSC 917 Hood as Executor of the Estate of Inez Irene Barbetti (Dec) v The Attorney General for Western Australia & Anor [2006] WASC 157 Morrison-Conway & Anor; Estate of the Late Judith Christine Walsh [2018] NSWSC 685 Public Trustee v Attorney General [2005] NSWSC 1267 Re Daniels (deceased) [1970] VR 72 Re Davis; Hannen v Hillyer [1902] 1 Ch 879 Re Estate of Brine (decd) [2021] SASC 54 Re Permanent Trustee Australia Ltd (1994) 33 NSWLR 547 Re Taylor (1888) 58 L.T. 538, 543 Taylor v Taylor (1910) 10 CLR 218; [1910] HCA 4 The Estate of Rand (decd), Re [2009] NSWSC 48 Texts Cited: Dal Pont, Law of Charity (LexisNexis Butterworths, 2nd ed, 2017) Category: Principal judgment Parties: Paul James Edwards (First Plaintiff) Monelita Hopfner (Second Plaintiff) Attorney General of New South Wales (First Defendant) Good to Great Schools Australia (Second Defendant) Representation: Counsel: L Clarke (Plaintiffs) R Bhalla (First Defendant) D Barlin (Second Defendant)