McDONALD v. BRITISH-ISRAEL-WORLD FEDERATION IN NSW LIMITED [2005] NSWSC 1026

New South Wales Supreme Court

CITATION : McDONALD v. BRITISH-ISRAEL-WORLD FEDERATION IN NSW LIMITED [2005] NSWSC 1026

HEARING DATE(S) : Thursday 16 June 2005

JUDGMENT DATE : 14 October 2005

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

DECISION : Directions on summons by Administrator as to whether bequest of real estate to the Federation failed due to the liquidation of British-Israel-World Federation (NSW Branch) (in liquidation). Direction as to whether the unadministered estate should be distributed to the company in liquidation and then to British-Israel-World Federation in London. Whether bequest was one to the Federation (NSW Branch) absolutely or whether charitable trust arising under the Will.

Trustee Act 1925 LEGISLATION CITED : Corporations Act Wills Probate & Administration Act 1898

re ARMS (Multiple Sclerosis Research) Limited; Alleyne v. Attorney General & Anor (1997) 2 All ER 679 Gunther v. Commissioner of Stamp Duties (1932) 33 SR(NSW) 95 Hayes v. National Heart Foundation of Australia (1976) 1 NSWLR 29 CASES CITED : Re the Will of Logan (1993) 1 Qd. R 395 West v. Federal Commissioner of Taxation (1949) 79 CLR 319 United Grant Lodge of Ancient Free & Accepted Masons of England v. Holborn Borough Council (1957) 1 WLR 1080 National Deposit Friendly Society Trustees v. Skegness UDC (1959) AC 293

PARTIES : GEOFFREY DAVID McDONALD AS ADMINISTRATOR DBN OF THE ESTATE OF THE LATE KENNETH DUDLEY NICHOLS v. BRITISH-ISRAEL-WORLD FEDERATION IN NEW SOUTH WALES LIMITED

FILE NUMBER(S) : SC No. 2638 of 2005

Plaintiff: J.T. Johnson COUNSEL : Defendant: P.R. McGuire