Perpetual Trustee Company Ltd v Attorney General of New South Wales [2024] NSWSC 257

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Ltd v Attorney General of New South Wales [2024] NSWSC 257 Hearing dates: 16 February 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: Direct the plaintiffs to bring in a revised scheme in accordance with these reasons by no later than 4pm on 2 April 2024 Catchwords: CHARITIES AND NOT-FOR-PROFITS — Charitable gifts and trusts — Cy-près scheme — where administration of two trusts in parallel administratively difficult — whether order should be made for assets of both to be applied cy-près pursuant to a single scheme Legislation Cited: Charitable Trusts Act 1933 (NSW) s 9, Pts 3-4 Cases Cited: Attorney General for NSW v Fulham [2002] NSWSC 629 Central Coast Area Health Service v The Attorney-General for NSW [2007] NSWSC 881 College of Law Pty Ltd v Attorney-General of NSW [2009] NSWSC 1474 Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic (2017) 94 NSWLR 340; [2017] NSWCA 28 Green v Attorney General (NSW) [2023] NSWSC 1229 Harmony – The Dombroski Foundation Ltd v Attorney General (NSW) [2020] NSWSC 1276 King v Attorney General (NSW) [2020] NSWSC 629 Northern NSW Helicopter Rescue Service Ltd v Attorney General (NSW) [2023] NSWSC 515 Perpetual Trustee Company Ltd v Attorney-General (NSW) [2018] NSWSC 1456 Robinson v Attorney General (NSW) [2022] NSWSC 996 Smolonogov v Our Lady of Kazan Russian Community of Lidcombe [2020] NSWSC 1484 Varsani v Jesani [1999] Ch 219 University of New South Wales v Attorney General (NSW) [2019] NSWSC 178 Category: Principal judgment Parties: Perpetual Trustee Company Ltd (First Plaintiff) Christopher James Blencowe (Second Plaintiff) Howard Pendrill Charles (Third Plaintiff) Attorney General of New South Wales (First Defendant) The University of Sydney (Second Defendant) Representation: Counsel: