Chin Kwun Kwong v Dennis Ming Chung Low [2018] NSWSC 719

Supreme Court New South Wales

Medium Neutral Citation: Chin Kwun Kwong v Dennis Ming Chung Low [2018] NSWSC 719 Hearing dates: 20 April 2018 Date of orders: 09 May 2018 Decision date: 09 May 2018 Jurisdiction: Equity Before: Rein J Decision: See [10] – [13] Catchwords: EQUITY – Equitable Trusts – 1897 trust deed relating to the Sze Yup Kwan Ti Temple in Glebe – Where proceedings commenced by one of the trustees against the other trustees – Where Attorney General has intervened in the Proceedings – Where the Attorney General's consent or leave of the court is required if the proceedings are "charitable trust proceedings" pursuant to s 5(2)(b) of the Charitable Trusts Act 1993 (NSW) – Preliminary question as to whether the proceedings are "charitable trust proceedings"; agreement reached at hearing of preliminary question that the Attorney General circulate proposed orders – Where agreement reached between the parties on all terms of the proposed orders, bar one – Determination of final orders – Whether or not the orders should include a provision which permits any trustee to record, by audio or audio-visual means, the meetings of trustees; Held: not appropriate to fetter the trustees as to how meetings should be conducted – Orders as made annexed to reasons for judgment (Schedule A). Legislation Cited: Charitable Trusts Act 1993 (NSW) Category: Principal judgment Parties: Chin Kwun Kwong (Plaintiff) Dennis Ming Chung Low (First Defendant) Bernard Hor (Second Defendant) Wing Yip Yee (Third Defendant) Attorney General for New South Wales (Fourth Defendant) Sze Yup Society of New South Wales (Interested Party) Representation: Counsel: Mr J. O'Sullivan (Plaintiff) Mr M. Oakes SC and Mr K. Tang (First, Second and Third Defendants) Mr P. Singleton; Ms Z. Shahnawaz (20 April 2018) (Fourth Defendant) Mr K. Spencer (Interested Party)