Sharp v Attorney General of NSW [2015] NSWSC 1580

Supreme Court New South Wales

Medium Neutral Citation: Sharp v Attorney General of NSW [2015] NSWSC 1580 Hearing dates: 22 October 2015 Date of orders: 22 October 2015 Decision date: 27 October 2015 Jurisdiction: Equity Before: Stevenson J Decision: Gift in will effective to create a valid charitable trust Catchwords: EQUITY – trusts and trustees – charitable trusts – whether trust created in will a valid charitable trust – application for judicial advice as to proper construction of will and ambit of trustee's powers Legislation Cited: Succession Act 2006 (NSW) Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Boyes v Cook (1880) 14 Ch D 53 Fell v Fell [1922] HCA 55; 31 CLR 268 Hatzantonis v Lawrence [2003] NSWSC 914 In re Town and Country Planning Act, 1947; Crystal Palace Trustees v Minister of Town and Country Planning [1951] Ch 132 Lloyd v Federal Commissioner of Taxation [1955] HCA 71; 93 CLR 645 Parry v Haisma [2012] NSWSC 290 Perpetual Trustee Co Ltd v Groth (1985) 2 NSWLR 278 Perrin v Morgan [1943] AC 399 Re Chanter (dec'd) [1952] SASR 299 Re Pinion (dec'd); Westminster Bank Ltd v Pinion [1965] Ch 85 Re Shaw's Will Trusts; National Provincial Bank Ltd v National City Bank Ltd [1952] Ch 163 Re Williams; Williams v Williams [1897] 2 Ch 12 The Commissioners for Special Purposes of the Income Tax v Pemsel [1891] AC 531 Texts Cited: G E Dal Pont and K F Mackie, Law of Succession, (2013, LexisNexis Butterworths) Category: Principal judgment Parties: Alexander Ramsey Sharp (First Plaintiff) Roslyn Sharp (Second Plaintiff) John Barker (Third Plaintiff) Angelica Frances Tremblay (Fourth Plaintiff) Attorney General of New South Wales (First Defendant) Elizabeth Massy-Greene (Second Defendant) Representation: Counsel: E White (Plaintiffs) A M Hochroth (First Defendant)