Perpetual Trustee Company Ltd v Attorney General for the State of New South Wales (The Will of the Hon George Nesbitt) [2018] NSWSC 1456

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Ltd v Attorney General for the State of New South Wales (The Will of the Hon George Nesbitt) [2018] NSWSC 1456 Hearing dates: 2 August 2018 (last submissions 28 August 2018) Decision date: 27 September 2018 Jurisdiction: Equity Before: Leeming JA Decision: Cy-près Schemes

1. I direct the trustee and the Attorney General to bring in agreed short minutes of order, or in lieu of agreement, orders as propounded by them consistently with these reasons, for the making of schemes for the administration of the high school scholarships, within 14 days of today. Those orders or accompanying materials should disclose how the income which has been accumulating since 2010 will be distributed as between the recipients from 2010 to 2017 and recipients in future years. They may be supplied electronically to my Associate.

2. Order that the trust established by cl 8(B)(VII) be altered so as to delete the word "Protestant", so that it reads:

"To the North Coast Children's Home under the auspices of the Church of England at Lismore for the maintenance of children eight per cent of the income of the Trust Fund annually."

Advice

3. The trustee is justified in making the annual payments of income required by cl 8(B)(IV) of the will to the Anglican Parish of Lismore, in lieu of the St Andrew's Church of England Lismore, upon information provided in writing by the Bishop of the Anglican Diocese of Grafton, that the Incumbent from time to time of the Anglican Parish of Lismore does not believe in, practise or advocate the doctrines of Anglo Catholicism or Roman Catholicism.