Cunliffe & Ors v The Attorney General in and for the state of New South Wales [2009] NSWSC 1450

New South Wales Supreme Court

CITATION : Cunliffe & Ors v The Attorney General in and for the state of New South Wales [2009] NSWSC 1450

HEARING DATE(S) : 06.11.09

JUDGMENT DATE : 21 December 2009

JUDGMENT OF : Nicholas J

CATCHWORDS : TRUSTS AND TRUSTEES - land held on trust for charitable purposes of hospital - proposal to enter project agreement and lease land for term greater than allowed by applicable statute - clear benefits to medical research and charitable purpose - benefit in participation exceeds value of ability to put land to alternative use during lease term

LEGISLATION CITED : Saint Vincent's Hospital Act 1912 Trustee Act 1925

CATEGORY : Principal judgment

Clarke v Attorney General (unreported, NSWSC 28 November 1994 CASES CITED : Concut Pty Ltd v Worrell [2000] HCA 64 Dodds v Attorney General for NSW [2003] NSWSC 1189 Riddle v Riddle [1952] HCA 12; (1952) 85 CLR 202

Annette Julie Cunliffe - first plaintiff PARTIES : Helen Anne Clarke - second plaintiff Peter James Ferris - third plaintiff Attorney General in and for the State of New South Wales - defendant

FILE NUMBER(S) : SC 4842/09

COUNSEL : Ms T L Wong - plaintiffs Mr C Mantziaris - defendant

SOLICITORS : Thomson Playford Cutlers - plaintiffs I V Knight Crown Solicitor - defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Nicholas J

21 December 2009

4842/09 Cunliffe & Ors v The Attorney General in and for the State of New South Wales JUDGMENT 1 His Honour: On 6 November 2009 I made an order pursuant to s 81 Trustee Act 1925 (the Act) authorising: