NSW Caselaw
New South Wales Supreme Court
CITATION : McLean v Attorney General of New South Wales & 2 Ors [2002] NSWSC 377 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2277/01 HEARING DATE(S) : 15 April 2002 JUDGMENT DATE : 10 May 2002
Charley McLean (Plaintiff) PARTIES : Attorney General of New South Wales (1st Defendant) Weeroona Association (2nd Defendant) Nerida Mary Mason (3rd Defendant) JUDGMENT OF : Campbell J
R D Marshall (Plaintiff) COUNSEL : P Singleton (1st Defendant) L Ellison (2nd Defendant) P Blackburn-Hart (3rd Defendant) Patey & Murphy (Plaintiff) SOLICITORS : Crown Solicitor ((1st Defendant) Harris Wheeler (2nd Defendant) Bartier Perry (3rd Defendant) CATCHWORDS : SUCCESSION - WILLS PROBATE AND ADMINISTRATION - construction and effect of testamentary dispositions - construction of gift to unincorporated association, to be used in promotion of a school and associated activities, when that association never ran that school - CHARITIES - charitable gifts and trusts operation of section 10 Charitable Trusts Act 1993 to find general charitable intention - appropriate type of cy près scheme Charitable Collections Act 1935 LEGISLATION CITED : Evidence Act 1995 Charitable Fundraising Act 1991 Charitable Trusts Act 1993 Jones v Dunkell (1959) 101 CLR 298 CASES CITED : Ho v Powell (2001) 51 NSWLR 572 Public Trustee v Attorney General of New South Wales (1997) 42 NSWLR 600 Attorney General for New South Wales v Barr (NSW Court of Appeal, 11 October 1991, unreported) DECISION : See paragraph 74
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate