University of New England v Attorney General of New South Wales & Ors [2009] NSWSC 1020

New South Wales Supreme Court

CITATION : University of New England v Attorney General of New South Wales & Ors [2009] NSWSC 1020

HEARING DATE(S) : 23-24 June 2009

JUDGMENT DATE : 24 June 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 24 June 2009

ORDERS: 1. Armidale Dumaresq Council be removed as trustee of the trust created by deed made on 14 July 1933 between Howard Hinton as settlor and His Majesty King George V and The Council of the City of Armidale as trustees and known informally as the "Hinton Trust". DECISION : 2. New England Regional Art Museum Limited (ACN 131 297 731) of care of Rice More & Gibson, Liguori Chambers, The Mall, 149 Beardy Street, Armidale in the state of New South Wales, be appointed as trustee of the Hinton Trust in place of the said Armidale Dumaresq Council. 3. Under section 71 of the Trustee Act 1925, the assets of the Hinton Trust vest in New England Regional Art Museum Limited (ACN 131 297 731) upon the trusts of the said deed. 4. Each party bear its own costs of this cross-summons 5. Stand the matter over to the Registrar's list on 27 July 2009 for directions.

CATCHWORDS : EQUITY - trusts and trustees - trustees - their appointment - assessment of fitness of new trustee - trust relating to the operation of a regional art gallery.

Crown Lands Act 1989 LEGISLATION CITED : Crown Lands Consolidation Act 1913 Income Tax Assessment Act 1997

CATEGORY : Principal judgment

Plaintiff: University of New England PARTIES : First Defendant: Attorney General New South Wales Second Defendant: Armidale Dumaresq Council Third Defendant/Cross-Claimant: New England Regional Arts Museum Ltd