NSW Caselaw
New South Wales Supreme Court
CITATION : RSL Veterans' Retirement Villages Ltd v NSW Minister for Lands & Anor [2006] NSWSC 1161 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 13 and 27 July, 9 August and 6 September 2006
JUDGMENT DATE : 13 November 2006
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
DECISION : Cy pres scheme ordered.
CATCHWORDS : CHARITABLE TRUST – CONSTRUCTION – Whether terms of the trust fixed in 1959 or were the objects of the Plaintiff as reflected in its constitution as amended from time to time. - CHARITABLE TRUSTS – SECTION 81 Trustee Act – Whether proposed variation would change objects of trust – whether permissible under s.81. - CY PRES SCHEME – What terms were closest to spirit of original trust – mechanism for periodic review by Attorney General provided.
- Aged Care Act 1997 (Cth) - Charitable Trusts Act 1993 (NSW) – s.9 LEGISLATION CITED : - Crown Lands Consolidation Act 1913 - Returned and Services League of Australia (New South Wales Branch) Incorporation Act 1935. - Trustee Act 1925 (NSW) – s.81
- Arakella v Paton (2004) 60 NSWLR 334 - Attorney-General for NSW v Fulham [2002] NSWSC 629 CASES CITED : - Freeman v Attorney-General (NSW) [1973] 1 NSWLR 729 - Randwick Municipal Council v Rutledge (1959) 102 CLR 54 - Somerville v Attorney-General for the Commonwealth of Australia (1921) 21 SR(NSW) 450
RSL Veterans' Retirement Villages Ltd – Plaintiff PARTIES : New South Wales Minister for Lands – First Defendant Attorney General for the State of New South Wales – Second Defendant
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