Attorney General in and for the State of New South Wales v Homeland Community Ltd [2013] NSWSC 723

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Homeland Community Ltd [2013] NSWSC 723 Hearing dates: 30 May 2013 Decision date: 06 June 2013 Jurisdiction: Equity Division Before: Ball J Decision: Judicial advice refused Catchwords: TRUSTS - judicial advice pursuant to Trustee Act 1925 (NSW) s 63(1) - whether trust property can be used to defend proceedings - whether trustee acting in the best interests of the trust - charitable trusts Legislation Cited: Charitable Trusts Act 1993 (NSW) Income Tax Assessment Act 1997 (Cth) Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Application of Macedonian Orthodox Community Church St Petka Incorporated [2006] NSWSC 392 Chesterman v Federal Commission of Taxation (1925) 37 CLR 31 7 Church of the New Faith v Commissioner of Payroll Tax (Victoria) (1983) 154 CLR 120 Commissioners for Special Purposes of Income Tax v Pemsel [1891] AC 531 Commissioner of Inland Revenue v Raphael [1935] AC 96 Lenyo Pty Ltd; In the matter of Daquion Family Trust [2009] NSWSC 429 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Public Trustee v Attorney-General (NSW) (1997) 42 NSWLR 600 Thompson v Federal Commissioner of Taxation (1959) 102 CLR 315 Verge v Somerville [1924] AC 496 Texts Cited: G E Dal Pont, Law of Charity, (2010) LexisNexis Butterworths Category: Principal judgment Parties: Attorney General in and for the State of New South Wales (Plaintiff) Homeland Community Limited (ACN 003 609 943) (Defendant) Representation: Ms N L Sharp (Plaintiff) J Boyle, Solicitor (Defendant) Crown Solicitor's Office (Plaintiff) Boyle Associates (Defendant) File Number(s): 2012/315406 Publication restriction: Nil