NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR [2009] NSWSC 181

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 181 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 14 November 2008

JUDGMENT DATE : 24 March 2009

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

DECISION : The separate question is answered in terms of (b), that the members from time to time of the Executive of the Fund were the trustees of the Trust on and from 28 March 1923 which, for the purpose of the question, is assumed to have been a valid trust.

CATCHWORDS : TRUSTS - unincorporated association - representatives of members of Lodges became members of NSW Masonic Schools Welfare Fund established in 1923 - constitution establising trust - Executive elected annually - identification of trustee - control over funds - members of association or the Executive - particular obligations imposed on Executive to manage and administer "the affairs and business" of the Fund - powers and functions of the Executive - control over monies constituting the Fund in the Executive subject to prescribed obligations - whether subsequent conduct in adopting a Deed of Trust (1926) which referred to property "belonging to the Welfare" was a statement or admission that the member of the association held all trust property as trustees was evidence that members were trustees - decision preceding Deed to purchase real estate

LEGISLATION CITED : Charitable Trust Act 1993

PARTIES : NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR

FILE NUMBER(S) : SC No 5534 of 2007