NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR [2009] NSWSC 1301

New South Wales Supreme Court

CITATION : NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR [2009] NSWSC 1301

HEARING DATE(S) : Monday 27 April 2009

JUDGMENT DATE : 1 December 2009

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

EX TEMPORE JUDGMENT DATE : 19 November 2009

I make declarations and orders in the following terms:- (1) In relation to the following questions in paragraph 1 of the Second Amended Summons, namely:- (a) Whether in the events which have happened, the plaintiffs hold the property constituting the Fund known as the "Masonic Youth Welfare Fund of NSW & ACT" on trust for charitable purposes? (b) If the answer to (a) is in the affirmative, what are the said charitable purposes? The answers, by way of declaration, are as follows:- (a) The answer to question 1(a) is "yes". (b) In answer to question 1(b), "the charitable purposes are for the relief of poverty". DECISION : (2) A declaration that it is not practicable to apply the income, including the accrued surplus income, of the Masonic Youth Welfare Fund of NSW & ACT for the charitable purposes thereof as determined in these proceedings. (3) That the proceedings be stood over for hearing on a date or dates to be fixed for the determination of the relief sought in paragraph 3 of the Second Amended Summons, being orders for the settling of a scheme for the execution of the Masonic Youth Welfare Fund of NSW & ACT cy pres. (4) A declaration that the plaintiffs have been validly appointed as the trustees of the Edith Boyd Memorial Trust Fund. I make the following directions:- (1) The parties to produce a case management timetable in respect of the proceedings in relation to the order sought in paragraph 3 of the Second Amended Summons. (2) That the Notice of Motion filed on behalf of the plaintiffs on 21 April 2009 be stood over to 9.30 am on Thursday 10 December 2009. (3) The proceedings to be stood over for directions to 9.30 am on Thursday 10 December 2009 in relation to proceedings referred to in [224(3)] above. I will hear any submissions in relation to the order sought in paragraph 4 of the Second Amended Summons in relation to costs. In the event that the parties agree upon the appropriate order in that respect, then the costs order is to be incorporated within the short minutes of order to be prepared by the parties. Liberty to any party to apply.