Brown v The Attorney General of New South Wales [2013] NSWSC 271

Supreme Court New South Wales

Medium Neutral Citation: Brown v The Attorney General of New South Wales [2013] NSWSC 271 Hearing dates: 25 March 2013 Decision date: 25 March 2013 Jurisdiction: Equity Division Before: Hallen J Decision: See Paragraph 40 Catchwords: TRUSTS - Charitable Trust - Previous declaration that purposes of trust failed - Application of trust property cy-pres in 1978 - Variation of that scheme - Application of Charitable Trusts Act 1993 (NSW), s 9 to proceedings commenced before enactment of Act considered - Variation to cy-près scheme approved Legislation Cited: Aged Care Act 1997 (Cth) Aged Disabled Persons Act 1954 (Cth) Charitable Trust Act 1993 National Health Act 1953 (Cth) Retirement Village Act 1999 (NSW) Trustee Act 1925 Uniform Civil Procedure Rules Cases Cited: Attorney General (NSW) v Fulham [2002 NSWSC 629 Brown & Ors v The Attorney General (NSWSC, 26 September 1978, unreported) Northern Sydney and Central Coast Area Health Service v The Attorney General for New South Wales [2007] NSWSC 881 Roberts, Re John Alfred (1983) 70 FLR 158 Trust Company Ltd (as trustee for the Peter Mitchell British Empire Memorial Forces Trust and the Peter Mitchell British Empire Naval Forces Act (AGNSW) [2011] NSWSC 206 Category: Principal judgment Parties: Bruce Dawson Brown (first Plaintiff) Colin Milbourne Clark (second Plaintiff) Telford Graham Gilder (third Plaintiff) Allen Campbell Small (fourth Plaintiff) The Attorney General of New South Wales (Defendant) Representation: Counsel: Mr N Beaumont; Ms V Thomas (Plaintiffs) Mr M Izzo (Defendant) Solicitors: Dignan & Hanrahan Solicitors (Plaintiffs) Crown Solicitor (Defendant) File Number(s): 2012/339357