NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Attorney General for New South Wales v Homeland Community Ltd & Ors [2013] NSWSC 1748 Hearing dates: 11, 12, 13, 14 and 15 November 2013 Decision date: 27 November 2013 Jurisdiction: Equity Division Before: Windeyer AJ Decision: Further Amended Statement of Claim dismissed. Catchwords: TRUSTS AND TRUSTEES - Charitable Trusts - Creation of - Change in trustee of - Whether charitable trust continued in existence.
TRUSTS AND TRUSTEES - Change in trustees - Where trust property purportedly resettled on charitable trust - Lacked consent of one beneficiary - Whether charitable trust deed valid.
DEEDS - Effect of - Purported disposition of property on charitable trust - Whether valid.
CONTRACTS - Construction - Extrinsic evidence - Post-contractual conduct - Inadmissibility of - Whether such conduct admissible for another purpose. Legislation Cited: Charitable Collections Act 1934 Real Property Act 1900 Stamp Duties Act 1920 Trustee Act 1925 Uniform Civil Procedure Rules 2005 Cases Cited: Agricultural and Rural Finance Pty Limited v Gardiner (2008) 238 CLR 570 Bond v Pickford (1983) 57 TC 301 Bahr v Nicolay (No 2) (1988) 164 CLR 604 Re Horsnaill [1909] 1 Ch 631 Manfred v Maddrell (1950) 51 SR (NSW) 95 Re Marshall [1914] 1 Ch 192 Saunders v Vautier (1841) 4 Beav 115; 49 ER 282 Stein v Sybmore Holdings Pty Ltd (2006) ATC 4,741 Texts Cited: R F Norton, R J A Morrison and H J Goolden, A Treatise on Deeds (1928, 2nd edn, Sweet & Maxwell) Category: Principal judgment Parties: Attorney General in and for the State of New South Wales (Plaintiff) Homeland Community Ltd (First Defendant) Tina Marie Briquet (Second Defendant) Antoine Durandet (Third Defendant) Representation: Counsel: NL Sharp (Plaintiff) MA Ashhurst SC/AG Martin (First Defendant) E Chrysostomou (Second and Third Defendants) Solicitors: IV Knight, Crown Solicitor (Plaintiff) Law Society of New South Wales (First Defendant) King Irving Consulting Group Pty Ltd (Second and Third Defendants) File Number(s): 2012/315406 Publication restriction: Nil
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