Coral Levett -v- Attorney General in and for the State of New South Wales [2014] NSWSC 1787

Supreme Court New South Wales

Medium Neutral Citation: Coral Levett -v- Attorney General in and for the State of New South Wales [2014] NSWSC 1787 Hearing dates: 24 November and 4 December 2014 Decision date: 15 December 2014 Jurisdiction: Equity Division Before: Nicholas AJ Decision: The amendments to the Scheme should be made. The costs of all parties be paid out of the assets of the Trust Catchwords: EQUITY - trust and trustees - charitable trust - scheme required application of funds for general purpose of encouraging, assisting and promoting nursing education - application to amend scheme to meet changes in the nursing profession and nursing education since 1992 - cy pres scheme under s 9 Charitable Trust Act 1993 - turns on facts - no question of general principle Legislation Cited: The Charitable Trusts Act 1993 Trustee Act 1925 Cases Cited: Attorney General for New South Wales v Fred Fulham & Ors [2002] NSWSC 629 Hunter Region SLSA Helicopter Rescue Service Ltd v Attorney General of New South Wales (2013) NSWSC 1749 Category: Principal judgment Parties: Coral Levett - First Plaintiff Gary Clark - Second Plaintiff Brett Holmes - Third Plaintiff Judith Kiejda - Fourth Plaintiff Carol Coombes - Fifth Plaintiff Susan Pearce - Sixth Plaintiff John Kemsley-Brown - Seventh Plaintiff Attorney General in and for the State of New South Wales - Defendant Representation: Counsel: C.D. Norton - Plaintiffs J.E. Davidson - Defendant Solicitors: NEW Law Pty Ltd - Plaintiffs Crown Solicitors Office - Defendant File Number(s): 2014/230355