NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR [2010] NSWSC 333

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 [2010] NSWSC 333

HEARING DATE(S) : Thursday 18 February 2010

JUDGMENT DATE : 28 April 2010

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

(1) A declaration that the present members of the Executive of the Fund known as "the Masonic Youth Welfare Fund of NSW & ACT" that is to say:- (a) Oliver Bergstrom; (b) Kevin Foster OAM; (c) Allan Elliott (d) Alan Pretyman; (e) Kenneth Mobbs; (f) John Sunman; (g) Hugh Davies; (h) Michael Morris; (i) Dale Berrier; (j) John Carroll, are the trustees of the said Fund. (2) A declaration that the plaintiffs hold the property consisting of the Fund known as the "Masonic Youth Welfare Fund of NSW & ACT" as trustees de son tort. (3) A declaration that the objects of the Fund known as the "Masonic Youth Welfare Fund of NSW & ACT" are those set out under the heading "Objects" contained in a document described as "Minutes of a General Meeting of the Representatives held at the Masonic Hall Castlereagh Street on Wednesday 28 March 1923", a copy of which is annexed as Schedule 1 to these declarations and orders. (4) A declaration that the Fund known as the "Masonic Youth Welfare Fund of NSW & ACT" is held for charitable purposes for the relief of poverty. (5) A declaration that it is not practicable to apply any of the capital or income, including accrued surplus income, of the Fund known as the "Masonic Youth Welfare Fund of NSW & ACT" for the charitable purposes declared in (3) above. DECISION : (6) A declaration that the Fund known as "Masonic Youth Welfare Fund of NSW & ACT" be administered cy pres. (7) That from the date of the making of these orders, the whole of the Fund known as the "Masonic Youth Welfare Fund of NSW & ACT" be applied in accordance with the scheme set forth in Schedule 2 to these orders. (8) That the plaintiffs be appointed as trustees of the Fund known as the "Masonic Youth Welfare Fund of NSW & ACT" in substitution for:- (a) Oliver Bergstrom; (b) Kevin Foster OAM; (c) Allan Elliott (d) Alan Pretyman; (e) Kenneth Mobbs; (f) John Sunman; (g) Hugh Davies; (h) Michael Morris; (i) Dale Berrier; (j) John Carroll, as and from the date of the making of these orders. (9) That all property of the "Masonic Youth Welfare Fund of NSW & ACT" of whatsoever kind be vested in the plaintiffs as and from the date of the making of these orders. (10) Pursuant to s.81 of the Trustee Act 1925 (NSW), that the plaintiffs be granted power to sell, convert, transfer or otherwise dispose of any of their assets at any time for the general purposes of the fund known as the "Masonic Youth Welfare Fund of NSW & ACT", including the payment of any costs properly incurred or ordered to be paid by them in these proceedings or any appeals therefrom. (11) A declaration that on or about 27 November 1972, the plaintiffs were validly appointed as trustees of the Fund known as the "Edith Boyd Memorial Trust Fund".