THE GARDEN CLUBS OF AUSTRALIA INCORPORATED v.EYRES [2002] NSWSC 801

New South Wales Supreme Court

CITATION : THE GARDEN CLUBS OF AUSTRALIA INCORPORATED v.EYRES [2002] NSWSC 801 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4306/2001 HEARING DATE(S) : 02/09/2002 JUDGMENT DATE : 6 September 2002

PARTIES : The Garden Clubs of Australia Incorporated - Plaintiff Ann Eyres - Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : D. Davies SC - Plaintiff S. Reuben - Defendant SOLICITORS : M.F. Crawley - Plaintiff Butlers Law Group - Defendant CATCHWORDS : WILLS - construction - gift to voluntary association - "to the Garden Club of Australia to its Building Fund" - whether created trust or condition impeding decision to apply Building Fund to general purposes - held it did not - UNINCORPORATED ASSOCIATIONS - Gifts - validity - presumption of operation as gift to existing members - Bacon v. Pianta presumption - held that the gift was valid as a gift to existing members. Income Tax Special Purposes Commissioners v. Pemsel [1891] AC 531 Grant v. Commissioner of Stamp Duties [1943] NZLR 113 Re Spehr [1965] VR 770 In re Verrall; National Trust for Places of Historic Interest v. Attorney-General [1916] 1 Ch 100 Thompson v. Federal Commissioner of Taxation (1959) 102 CLR 315 Leahy v. Attorney General for New South Wales [1959] AC 457 Bacon v. Pianta (1966) 114 CLR 634 In Re Goodson deceased [1971] VR 801 CASES CITED : Public Trustee of New South Wales v. Attorney General for New South Wales (Powell J) 11 December 1984 (unreported) Misra v. Hindu Heritage Research Foundation (Young J) unreported 21 June 1996 Re Ulverston & District New Hospital Building Fund [1956] 3 All ER 154 Beggs v. Kirkpatrick [1961] VR 764 In re Ogden [1933] Ch 678 Re Recher's Will Trust [1972] 1 Ch 526 In Re Lapinsky's Will Trust [1976] 1 Ch 235 In Re Goodson deceased [1971] VR 801 In Re Coyne (1 February 1996) unreported DECISION : Declaration that plaintiff entitled to use Building Fund for general purposes: see [50]