New South Wales Women's Aboriginal Corporation (in liquidation) v Commissioner of Dormant Funds [2004] NSWSC 202

New South Wales Supreme Court

CITATION : New South Wales Women's Aboriginal Corporation (in liquidation) v Commissioner of Dormant Funds [2004] NSWSC 202 HEARING DATE(S) : 20 November 2003 JUDGMENT DATE : 24 March 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) The Court expresses its opinion that upon the facts herein the Commissioner of Dormant Funds may determine the Trust Funds to be a dormant fund; (2) The Court gives to the First Plaintiff its advice and to the Second Plaintiff the direction that they would be justified in approaching the Commissioner of Dormant Funds with a request that he determine the Trust Funds to be a dormant fund; (3) I order that the costs of the Plaintiffs and of the Second Defendant be paid out of the Trust Funds; (4) I order that the balance of the Amended Summons be stood over generally, with liberty to restore on 7 days notice.

CATCHWORDS : Trusts and trustees - Charities - Trustee in liquidation - Whether trust funds constitute a dormant fund - Judicial advice. Aboriginal Councils and Associations Act 1976 (Cth) Charitable Trusts Act 1993 LEGISLATION CITED : Corporations Act 2001 Dormant Funds Act 1942 Trustee Act 1925 New South Wales Women's Aboriginal Corporation (in liquidation) (First Plaintiff) PARTIES : Gregory Winfield Hall as liquidator of New South Wales Women's Aboriginal Corporation (in liquidation) (Second Plaintiff) Commissioner of Dormant Funds (First Defendant) Attorney-General for the State of New South Wales (Second Defendant) FILE NUMBER(S) : SC 3847/03 COUNSEL : G. Lucarelli (Plaintiffs) N. Sharp (Second Defendant) Minter Ellison Lawyers (Plaintiffs) SOLICITORS : P.J. Whitehead, Solicitor for the Public Trustee (First Defendant, submitting appearance) I.V. Knight, Crown Solicitor (Second Defendant)