The Trust Company (Australia) Limited as trustee of the Kyle Williams Home Trust v Attorney-General of New South Wales (No. 2) [2012] NSWSC 1505

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (Australia) Limited as trustee of the Kyle Williams Home Trust v Attorney-General of New South Wales (No. 2) [2012] NSWSC 1505 Hearing dates: 24 May 2012 Decision date: 07 December 2012 Before: White J Decision: 1. Stand the proceedings over to a date to be fixed for the Estia Foundation and the Attorney-General to confer on the settlement of the terms of the cy-pres scheme and for Estia to proceed with the development application. 2. Order that the plaintiff's costs of the application be paid from the trust estate on the indemnity basis; 3. Order that the Attorney-General's costs of the application be paid from the trust estate on the ordinary basis; 4. Make no order as to the costs of the Wesley Mission and the Estia Foundation. Catchwords: TRUSTS - charitable trust - previous declaration that purposes of trust failed - application of trust property cy-pres - consideration of two proposals for cy-pres scheme Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: The Trust Company (Australia) Limited (as trustee of the Kyle Williams Home Trust) v Attorney-General of New South Wales [2011] NSWSC 323 Phillips v Roberts [1975] 2 NSWLR 207 North Sydney and Central Coast Area Health Service v Attorney-General for New South Wales [2007] NSWSC 881 Category: Principal judgment Parties: The Trust Company (Australia) Limited (Plaintiff) Attorney-General of New South Wales (Defendant) Estia Foundation Limited (Interested Party 1) Wesley Mission (Interested Party 2) Representation: Counsel: R Young (Plaintiff) C Mantziaris (Defendant) P Blackburn Hart SC with A Todd (Estia Foundation) K Smark SC (Wesley Mission) Solicitors: Diamond Conway Lawyers (Plaintiff) I V Knight, Crown Solicitor (Defendant) Jordan Djundja Lawyers (Estia Foundation) Hazan Hollander Solicitors (Wesley Mission) File Number(s): 2010/246185