Diane Allen v Attorney General of NSW [2016] NSWSC 579

Supreme Court New South Wales

Medium Neutral Citation: Diane Allen v Attorney General of NSW [2016] NSWSC 579 Hearing dates: 28 April 2016 Date of orders: 28 April 2016 Decision date: 28 April 2016 Jurisdiction: Equity Before: Young AJ Decision: 1. On the true construction of the will dated 9 February 1999 of the late Anna Rutherford who died on February 21 2001 the gift by the said Anna Rutherford in cl 6 of that will to the Newcastle Mater Misericordiae Cancer Research Fund 1 is a gift to the entity now known as the Calvary Mater Hospital Newcastle for the purposes served by the Oncology Research Fund maintained by that entity. 2. Pursuant to s 63 Trustee Act 1925 (NSW) the plaintiffs are justified in distributing the net residuary estate of the Deceased to the Oncology Research Fund at the Calvary Mater Hospital Newcastle in accordance with the terms of the will. 3. Order that the plaintiffs' costs and the defendant's costs be paid from the Estate on the indemnity basis. Catchwords: CHARITY – Beneficiary an unincorporated fund – Fund a special purpose fund equivalent to a trust fund administered by corporate hospital – Fund misnamed – Hospital takes gift on trust Category: Principal judgment Parties: Plaintiff – Diane Allen Defendant – Attorney General of NSW Representation: Counsel: Ms P Lane (Plaintiff) Ms G Mahony (Defendant)

Solicitors: Osborn Law (Plaintiff) Crown Solicitor for NSW (Defendant) File Number(s): 2015/00209545