College of Law Pty Ltd v Attorney General of NSW [2009] NSWSC 1474

New South Wales Supreme Court

CITATION : College of Law Pty Ltd v Attorney General of NSW [2009] NSWSC 1474

HEARING DATE(S) : 7 December 2009

JUDGMENT DATE : 7 December 2009

JURISDICTION : Equity

JUDGMENT OF : Brereton J

DECISION : Trust to be administered in accordance with proposed administrative scheme.

CATCHWORDS : EQUITY – trusts and trustees – charitable trusts – schemes – administrative scheme – where plaintiff holds property upon constructive charitable trust and no trust instrument – where plaintiff seeks an order that the trust be administered in accordance with an administrative scheme – whether purposes of remain charitable – where scheme will facilitate commercial dealings of trustee and permit winding up of trust and transfer of assets to corporation for same charitable purposes - held: trust to be administered in accordance with administrative scheme.

LEGISLATION CITED : Charitable Trust Act 1993 s 6

CATEGORY : Principal judgment

College of Law (Properties) Pty Limited v Willoughby Municipal Council (1978) 38 LGRA 81 Commissioner of Taxation v Word Investments Ltd (2007) 243 ALR 44 Commissioners for Special Purpose of Income Tax v Pemsel [1891] AC 531 Corish v Attorney-General of New South Wales [2006] NSWSC 1219 Incorporated Council of Law Reporting of (Queensland) v Federal Commissioner of Taxation (1971) 125 CLR 659, [1972] ALR 127 CASES CITED : Kytherian Association of Queensland v Sklavos (1958) 101 CLR 56 Phillips v Roberts [1975] 2 NSWLR 207 Re Gott; Glazebrook v University of Leeds [1944] Ch 193 Re Robinson; Besant v German Reich [1931] 2 Ch 122 The Diocesan Trustees of the Church of England in Western Australia v The Solicitor-General (1909) 9 CLR 757 Victorian Women Lawyers' Association Inc v Commissioner of Taxation (2008) 250 ALR 516