Grant v Attorney General of NSW [2009] NSWSC 51

New South Wales Supreme Court

CITATION : Grant v Attorney General of NSW [2009] NSWSC 51

HEARING DATE(S) : 06/02/2009

JUDGMENT DATE : 6 February 2009

JURISDICTION : Equity

JUDGMENT OF : Bryson AJ at 1

EX TEMPORE JUDGMENT DATE : 6 February 2009

My orders are: 1. Declare that on the true construction of the Declaration of Trust of the Holroyd Fespic Fund dated 28 July 1980 and in the events which have happened that the fund raised by public subscription for the purpose of benefiting and assisting disabled persons wishing to participate in the FESPIC Games constitutes a valid charitable trust within the provisions of the Charitable Trusts Act 1993. 2. Declare that on the true construction of the Declaration of Trust of the Holroyd Fespic Fund Clauses 2 and 3 and in the events which have happened it is not now practicable to carry the trust into execution in accordance with its terms. DECISION : 3. Order that the capital and income of the Holroyd FESPIC Fund be disposed of according to the following cy prés scheme, that is, the trustees are to distribute the remaining funds equally between the NSW Wheelchair Sports Association Incorporated, and the Blind Sporting Association NSW Incorporated. 4. Order that the trustees or one of them within three months make a report to the Court on affidavit of the steps they have taken to carry out the cy prés scheme. The affidavit is to be filed, and a copy is to be delivered to the solicitor for the defendant. 5. Order that the court fees incurred by the plaintiffs be paid or retained by them out of the fund. 6. Order that the defendant's cost of the proceedings be paid by the trustees out of the fund on the indemnity basis.