Sir Moses Montefiore Jewish Home & Ors v Perpetual Company Limited & Anor [2012] NSWSC 210

Supreme Court New South Wales

Medium Neutral Citation: Sir Moses Montefiore Jewish Home & Ors v Perpetual Company Limited & Anor [2012] NSWSC 210 Hearing dates: 23 February 2012 Decision date: 15 March 2012 Jurisdiction: Equity Division Before: Ball J Decision: See paragraph 34 of this judgment. Catchwords: WILLS - interpretation - rule in Thistlethwayte's case - whether gift of income in perpetuity is gift of capital - rule of construction - application of rule where beneficiary of will is a charity - whether fact that beneficiary is a charity is a relevant indication of intention of testator. TRUSTS AND TRUSTEES - replacement of trustee - s 70 of Trustee Act 1925 - inherent power to replace trustee - relationship between s 70 of Trustee Act and Charitable Trusts Act 1993 - where no suggestion of mismanagement of trust by current trustees - whether "expedient" to appoint new trustees to save the trust certain commissions and fees Legislation Cited: Charitable Trusts Act 1993 (NSW) Trustee Act 1925 (NSW) Cases Cited: Congregational Union of New South Wales v Thistlethwayte (1952) 87 CLR 375 Crowle Foundation v NSW Trustee & Guardian [2010] NSWSC 647 Miller v Cameron (1936) 54 CLR 572 Re Denheart (deceased) [1973] VR 449 Re Inman (deceased) [1965] VR 238 Re Williams (deceased) [1955] VLR 65 Re Weaver [1963] VR 257 Roberts v University of Sydney [1960] NSWR 702 The Melbourne Jewish Orphan and Children's Aid Society Inc v ANZ Executors and Trustee Company Limited [2007] VSC 26 Texts Cited: GE Dal Pont in Law of Charity, 1st Ed (2010) LexisNexis Butterworths Category: Principal judgment Parties: Sir Moses Montefiore Jewish Home (First Plaintiff) Wolper Jewish Hospital (Second Plaintiff) New South Wales Jewish War Memorial (Third Plaintiff) Perpetual Trustee Company Limited (First Defendant) Rupert George Rosenblum (Second Defendant) Representation: J C Kelly SC / D D Knoll AM (Plaintiffs) P H Blackburn-Hart / P P O'Loughlin (Defendants) Abadee Dresdner & Freeman (Plaintiffs) Bartier Perry (Defendants) File Number(s): 2011/68161