University of New South Wales International House Ltd v University of New South Wales [2016] NSWSC 1709

Supreme Court New South Wales

Medium Neutral Citation: University of New South Wales International House Ltd v University of New South Wales [2016] NSWSC 1709 Hearing dates: 21/11/2016, 22/11/2016, 23/11/2016 Date of orders: 05 December 2016 Decision date: 05 December 2016 Jurisdiction: Equity Before: McDougall J Decision: Order that the First Defendant be restrained from giving effect to purported notice of termination. Reserve costs. Catchwords: EQUITY – trusts – charitable trusts – whether there is a valid charitable trust – where the trustee holds property which is only to be used for a specific purpose

TRUSTS AND TRUSTEES – trust established for charitable purpose – whether the trustee is entitled to appoint and dismiss the manager of the trust property – whether purported termination of the manager was effective – whether the termination was in good faith and on reasonable grounds – whether upon termination of the manager the manager holds accumulated reserves on trust as part of trust property Legislation Cited: Charitable Trusts Act 1993 (NSW) Technical Education and New South Wales University of Technology Act 1949 (NSW) Technical Education and New South Wales University of Technology (Amendment) Act 1955 (NSW) Trustee Act 1925 (NSW) University of New South Wales Act 1958 (NSW) University of New South Wales Act 1968 (NSW) University of New South Wales Act 1989 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corp (1947) 45 LGR 635 Attorney General for the State of Queensland (at the relation of Nye & Ors) v The Corporation of the Lesser Chapter of The Cathedral Church of Brisbane (1977) 136 CLR 353 In re Lopes; Bence-Jones v Zoological Society of London [1931] 2 Ch 130 Re MacGregor; Thompson v Ashton (1932) 32 SR (NSW) 483 The Commissioners for Special Purposes of the Income Tax v Pemsel [1891] AC 531 Category: Principal judgment Parties: University of New South Wales International House Ltd (Plaintiff) University of New South Wales (First defendant) Attorney-General of New South Wales (Second defendant) Representation: Counsel: TGR Parker SC / JG Simpkins / D Habashy (Plaintiff) D Murr SC / TL Wong (First defendant) H El-Hage (Second defendant)