Eurella Community Services Inc v Attorney General for the State of NSW [2010] NSWSC 566

New South Wales Supreme Court

CITATION : Eurella Community Services Inc v Attorney General for the State of NSW [2010] NSWSC 566

HEARING DATE(S) : 21 September & 6 October 2009

JUDGMENT DATE : 31 May 2010

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

DECISION : Direct the parties to bring in short minutes of order within 14 days to give effect to these reasons. Those short minutes of order should provide for the future management of what issues remain for determination in these proceedings

CATCHWORDS : EQUITY - trusts and trustees - charitable trust - plaintiff's property acquisition funded by public appeal - plaintiff claims to be absolute owner of property - Attorney-General alleges property held on trust for charitable purposes - issues as to whether plaintiff operating properly within charitable purposes - HELD - property held on trust for charitable purposes - scope of charitable purposes defined

Anti Discrimination Act 1977 (NSW) Associations Incorporation Act 1984 (NSW) LEGISLATION CITED : Charitable Trusts Act 1993 (NSW) ss 7, 8, 9 Disability Discrimination Act 1992 (Cth) Education Act 1990 (NSW) s 47

CATEGORY : Principal judgment

CASES CITED : Attorney-General for the State of Queensland v The Corporation of the Lesser Chapter of the Cathedral Church of Brisbane (1976) 136 CLR 353 BSH Holdings Pty Ltd v Commissioner of State Revenue (2000) 2 VR 454

PARTIES : Plaintiff: Eurella Community Services Inc Defendant: Attorney General for the State of New South Wales

FILE NUMBER(S) : SC 2008/281678

COUNSEL : Plaintiff: Mr M Meek SC Defendant: Mr P Singleton