Manns v Attorney General of New South Wales & Ors [No 2] [2010] NSWSC 325

New South Wales Supreme Court

CITATION : Manns v Attorney General of New South Wales & Ors [No 2] [2010] NSWSC 325

HEARING DATE(S) : 21 April 2010 JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 21 April 2010

THE COURT: 1. Declares that on the true construction of the Will of the late Paul Clifford Manns ("the deceased") made on 1 May, 1998, clause 4(5) thereof creates a valid charitable trust. 2. Declares that on the true construction of the Will of the deceased made on 1 May, 1998, the whole of the residue of the estate is subject to the said charitable trust. 3. Orders that 75% of the plaintiff's costs on the party/party basis, as agreed or assessed, be paid out of the estate of the deceased. 4. Orders that the first defendant's costs assessed on the party/party basis and the second defendant's costs assessed on the indemnity basis be paid out of the estate of the deceased. 5. Orders that the third and fourth defendants' costs assessed on a submitting appearance on the party/party basis be paid out of the estate of the deceased. DECISION : 6. Notes that the second defendant has selected the following beneficiaries to receive 95% of the net income paid in equal shares from the said trust for the year ending 5 March 2010: a. Aboriginal Health & Medical Research Council b. Kids HelpLine c. Spinecare Foundation d. Extended Families The remaining 5% of the trust income is to be retained by the trustee and capitalised for this year in accordance with Clause 4(5) of the will dated 1 May 1998. 7. Otherwise than as noted in Order 6, grants liberty to the first and second defendants to apply to the Court on 7 days notice in relation to the matters referred to in paragraph [59] of the Court's reasons for judgment delivered on 28 January 2010.