Northern Sydney and Central Coast Area Health & anor v Attorney-General for New South Wales & 7 ors [2008] NSWSC 1223

New South Wales Supreme Court

CITATION : Northern Sydney and Central Coast Area Health & anor v Attorney-General for New South Wales & 7 ors [2008] NSWSC 1223

HEARING DATE(S) : 10-11 June and 14 November 2008

JUDGMENT DATE : 20 November 2008

JURISDICTION : Equity

JUDGMENT OF : Windeyer J at 1

DECISION : Direction that trustees scheme be approved.

CATCHWORDS : TRUSTS AND TRUSTEES - Charitable trusts - Cy-pres scheme in place of failed trust - original trust for "distressed subjects of the British empire without regard to race or creed" - meaning of "distressed".

LEGISLATION CITED : Charitable Trusts Act 1993

CATEGORY : Principal judgment

CASES CITED : In re Pieper (deceased) [1951] VLR 42 The Board of Trade v The Sailing Ship Glenpark, Limited [1904] 1 KB 682

Northern Sydney and Central Coast Area Health Service (First Plaintiff) The State of New South Wales (Second Plaintiff) Attorney-General for New South Wales (First Defendant) North Sydney Council (Second Defendant) PARTIES : Commonwealth of Australia (Fourth Defendant) The RSL (NSW) (Fifth Defendant) Rowe, White and Perrin, trustees of RSL Welfare and Benevolent Institution (Sixth Defendant) RSL Lifecare Ltd (Seventh Defendant) St Vincents & Mater Health Sydney Ltd (Ninth Defendant) Sissters of Charity Healthcare Australia Ltd (Tenth Defendant)

FILE NUMBER(S) : SC 1994/06

Mr B Coles QC with him Mr M Evans (Plaintiffs) Mr J Renwick with him Ms G Mahony (First Defendant) COUNSEL : Mr M Leeming SC with him Mr C Withers(Second Defendant) Mr M Dicker (Fourth Defendant) Mr J West QC with him Mr N Kidd (Fifth, Sixth and Seventh Defendant) Mr J Watson (Ninth and Tenth Defendant)