Northern Sydney and Central Coast Area Health Service & anor v The Attorney-General for New South Wales & anor [2007] NSWSC 881

New South Wales Supreme Court

CITATION : Northern Sydney and Central Coast Area Health Service & anor v The Attorney-General for New South Wales & anor [2007] NSWSC 881

HEARING DATE(S) : 10, 11, 12 July 2007

JUDGMENT DATE : 14 August 2007

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Declaration that trust purposes have failed. Cy-prés scheme ordered.

CATCHWORDS : TRUSTS AND TRUSTEES– Charitable trusts – Trust property given for convalescent home – Whether trust purposes have failed – Whether cy-prés scheme should be settled

Charitable Trusts Act 1993 s6, s7, s9, s11, Pt 9 LEGISLATION CITED : Charities Act 1993 (UK) s13 Real Property Act 1900

Attorney-General of NSW v Fulham [2002] NSWSC 629 In Re Buck [1896] 2 Ch 727 CASES CITED : Perpetual Trustee Company Limited v Braithwaite (unreported Brownie J 29 May 1992) Shore v Wilson (1839) 9 Cl & Fin 355; 8 ER 450 J Warburton, Tudor on Charities 9th Edition (2003) at 11-001 RSL Veterans' Retirement Village Ltd v NSW Minister for Lands [2006] NSWSC 1161

Northern Sydney and Central Coast Area Health Service (First Plaintiff) PARTIES : The State of New South Wales (Second Plaintiff) Attorney-General for New South Wales (First Defendant) North Sydney Council (Second Defendant)

FILE NUMBER(S) : SC 1994 of 2006

Mr B Coles QC with him Mr M Evans (Plaintiffs) COUNSEL : Mr R Lancaster with him Mr M McFadden (First Defendant) Mr M Leeming SC with him Mr C Withers (Second Defendant)