Perpetual Trustee Company Ltd v Attorney General for the State of New South Wales (The Will of the Hon George Nesbitt) (No 3) [2018] NSWSC 1784

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 3) [2018] NSWSC 1784 Hearing dates: On the papers Decision date: 21 November 2018 Jurisdiction: Equity Before: Leeming JA Decision: BY CONSENT, make the following orders amending the orders made on 1 November 2018:

1. Set aside order 3(b).

2. Replace references to 18 and 1/18 in order 3(d)(i) by references to 16 and 1/16 respectively.

3. Replace references to "30 June 2017" in orders 3(d)(i) and (ii) by references to "30 June 2016".

4. Replace the words "-2017" by the words "until the distribution to the School of the funds held in that account" in orders 3(d)(i) and (ii).

5. Replace the words "Academic Awards" by "Academic" in order 3(d)(i).

Note that the appendix to this judgment reproduces the orders of 1 November 2018 (including consequential changes to the example) as amended by the orders made today. Catchwords: TRUSTS – charitable trusts – cy-près scheme – variation by consent Legislation Cited: Charitable Trusts Act 1993 (NSW), Part 4 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16 Cases Cited: 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 Category: Consequential orders (other than Costs) Parties: Perpetual Trustee Company Ltd (Plaintiff) Attorney General for the State of New South Wales (First Defendant) The State of New South Wales through its Department of Education (Second Defendant) CASPA Services Ltd (Third Defendant) Representation: Solicitors: Bedson Legal (Plaintiff) Crown Solicitor's Office (First and Second Defendants) File Number(s): 2017/286679 Publication restriction: None