NSW Caselaw
New South Wales Supreme Court
CITATION : ANZ Trustees Limited v Attorney General of New South Wales [2008] NSWSC 1081
HEARING DATE(S) : 28 July, 22 September and 13 October 2008
JUDGMENT DATE : 16 October 2008
JURISDICTION : Equity Division
JUDGMENT OF : Windeyer J at 1
DECISION : Construction of will determined - order as to entitlement made.
CATCHWORDS : TRUSTS & TRUSTEES – Gift in remainder of fund "on various charities to be mentioned" – various persons and institutions named – question of which were charitable organisations – whether gift to charities rateable or in equal shares – fund established on death of life tenant in 1939 - CHARITIES – Charitable trusts – gifts to charitable organisations in existence at death of testator – cy-pres orders made - PRACTICE & PROCEDURE – Original proceedings commenced in 1943 – further consideration reserved under 1944 orders – order made in 1948 setting aside the fund until further order - no further useful action until 2005 and the new action commenced in 2007 - orders made in the new action
Charitable Trusts Act 1993 LEGISLATION CITED : Equity Act 1901 MacKillop Family Services Act 1998 (Vic) Trustee Companies (Amendment) Act 1983
CATEGORY : Principal judgment
PARTIES : ANZ Trustee Limited (Plaintiff) Attorney General of New South Wales (Defendant)
FILE NUMBER(S) : SC 1719/08; 377/1943
COUNSEL : M K Meek (Plaintiff) K Burns (Defendant)
SOLICITORS : Bartier Perry (Plaintiff) Crown Solicitor's Office (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WINDEYER J
Thursday 16 October 2008
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