Perpetual Trustee Company Ltd v Attorney General for the State of New South Wales (The Will of the Hon George Nesbitt) (No 2) [2018] NSWSC 1646

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) (No 2) [2018] NSWSC 1646 Hearing dates: 15 October 2018 (last submissions 26 October 2018) Decision date: 01 November 2018 Jurisdiction: Equity Before: Leeming JA Decision: 1. From the date of these orders, the trusts established by cll 8(B)(I), 8(B)(II) and 8(C)(I) of the will of the Honourable George Nesbitt shall be administered on the following basis:

a. All scholarships are to be awarded without regard to any denominational or geographic limitation.

b. All scholarships are to be awarded without regard to whether a student was enrolled from a public school, a private school or was home-schooled.

c. If a successful candidate indicates that he or she does not wish to receive the scholarship or cannot be located after reasonable attempts by the Principal of the School, the scholarship is to be awarded to the next runner-up student determined by the Principal of the School.

d. If the successful candidate is over the age of 18 years, the award is to be paid to the candidate directly. If the successful candidate is under the age of 18 years, the award is to be paid to the candidate's parents or guardians.

e. The School is at liberty to publish the names of any successful candidate who accepts the scholarship.

f. There is no requirement for student applications to be submitted.

g. The Secretary of the Department of Education shall have the oversight over the awarding and administration of all scholarships as he or she may decide from time to time and the school will be subject to the direction of the Secretary of the Department of Education.