Russell v Attorney General of New South Wales [2019] NSWSC 98

Supreme Court New South Wales

Medium Neutral Citation: Russell v Attorney General of New South Wales [2019] NSWSC 98 Hearing dates: Decided on the papers Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Equity Before: Robb J Decision: (1) Order that, pursuant to s 18(3) of the Charitable Trusts Act 1993 (NSW), the order made by the Attorney General and published in the New South Wales Government Gazette, No 119, 27 October 2017, at 6605 is quashed. (2) Order that the monies in the charitable trust created under cl 4.2 of the will of the late Euphemia Polykarpou dated 22 March 2004 (Charitable Trust), currently comprising the total sum of $566,077.66, be applied cy-près as follows: (a) 60% of the Charitable Trust to the Polykarpou Trust to be applied for such purposes of the Oprah Winfrey Leadership Academy Foundation as are charitable purposes for the betterment of women and children who are in need or disadvantaged; and (b) 40% of the Charitable Trust to YWCA Australia to be applied for: (i) the purpose of establishing and funding a post-crisis domestic violence centre in Campbelltown which provides direct services to women and children affected by domestic violence, within 12 months of the date of the establishment of the cy-près scheme; and, in the event that YWCA Australia is not able to apply towards that end within 12 months of the date of the establishment of the cy-près scheme, (ii) the benefit of women who participate in the Ngalingah Mijung Dubais programme administered by YWCA and who have one or more children. (3) Direct that schemes be established to give effect to the preceding order. (4) Order that the plaintiff's costs be paid from the Charitable Trust on an indemnity basis. Catchwords: CHARITIES AND NOT-FOR-PROFITS — Charitable gifts and trusts — Cy-près scheme — Failure of object