Hunter Region SLSA Helicopter Rescue Service Limited v Attorney-General of New South Wales [2013] NSWSC 1749

Supreme Court New South Wales

Medium Neutral Citation: Hunter Region SLSA Helicopter Rescue Service Limited v Attorney-General of New South Wales [2013] NSWSC 1749 Hearing dates: Wednesday, 20 November 2013 Decision date: 29 November 2013 Jurisdiction: Equity Division Before: White J Decision: Refer to paragraph [44] of judgment. Catchwords: EQUITY - trusts and trustees - charitable trust - variation of trust terms - application to expand permitted geographical scope of helicopter services - application in anticipation of Government intention to allow only tenders from entities serving larger area - difference between cy-près and administrative schemes - whether s 9 of the Charitable Trusts Act 1993 extends to application for scheme in anticipation of original purposes ceasing to provide a suitable and effective method of using trust property Legislation Cited: Health Services Act 1997 (NSW) Charitable Trusts Act 1993 (NSW) Trustee Act 1925 (NSW) Cases Cited: Hunter Region SLSA Helicopter Rescue Service Limited v Attorney-General for NSW [2000] NSWSC 456 Corish v Attorney-General's Department of NSW [2006] NSWSC 1219 Freeman v The Attorney-General for New South Wales [1973] 1 NSWLR 729 RSL Veterans Retirement Village Ltd v NSW Minister for Lands [2006] NSWSC 1161 Attorney-General of New South Wales v Fulham [2002] NSWSC 629 Permanent Trustee Co Limited v Attorney-General (Re Byrnes Estate) (12 December 1994, Young J, Supreme Court of New South Wales, unreported; BC9403435) Category: Principal judgment Parties: Hunter Region SLSA Helicopter Rescue Service Limited (Plaintiff) Attorney-General of New South Wales (Defendant) Representation: Counsel: B Coles QC with N Sharp (Plaintiff) M Izzo with P O'Dea (Defendant) Solicitors: Sparke Helmore (Plaintiff) Crown Solicitors Office (Defendant) File Number(s): 2013/283629