University of New South Wales v Attorney General for New South Wales [2019] NSWSC 178

Supreme Court New South Wales

Medium Neutral Citation: University of New South Wales v Attorney General for New South Wales [2019] NSWSC 178 Hearing dates: 13 February 2019 Decision date: 13 February 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Declare that the purposes of the UNSW International House Charitable Trust have ceased to provide a suitable and effective method of using the trust property, within the meaning of s 9 of the Charitable Trusts Act 1993 (NSW); 2. Order that the property of the UNSW International House Charitable Trust be applied and dealt with in accordance with the scheme set out in Annexure A to the Summons; 3. Vacate order 1 made on 17 April 2018 in proceedings no. 2018/00095224; 4. Order that the costs of the plaintiff be paid out of the assets of the UNSW International House Charitable Trust, on the indemnity basis; and 5. Order that the costs of the defendant be paid out of the assets of the UNSW International House Charitable Trust, on the ordinary basis. Catchwords: EQUITY — Trusts and trustees — Charitable trusts — Charitable purposes –– Cy-près schemes –– whether the purposes of a trust had ceased to prove a suitable and effective method of using trust property, within the meaning of s 9 of the Charitable Trusts Act 1993 (NSW) –– new proposed scheme adopted –– indemnity costs awarded to the plaintiff; costs on an ordinary basis awarded to the defendant Legislation Cited: Charitable Trusts Act 1993 (NSW), ss 6(1)(a), 9 Corporations Act 2001 (Cth), ss 436A, s 439C Trustee Act 1925 (NSW), s 81 Cases Cited: Attorney General for New South Wales v Fred Fulham & Ors [2002] NSWSC 629 Attorney-General v Sherborne Grammar School (1854) 18 Beav 256 at 280; 52 ER 101 Corish v Attorney-General's Department (NSW) [2006] NSWSC 1219 Estate Polykarpou; Re a charity [2016] NSWSC 409 Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic (2017) 94 NSWLR 340; [2017] NSWCA 28 Metropolitan Petar v Mitreski [2001] NSWSC 976 Northern Sydney and Central Coast Area Health Service v The Attorney-General for New South Wales [2007] NSWSC 881 Perpetual Trustee Company Ltd v Attorney General for the State of New South Wales (The Will of the Hon George Nesbitt) [2018] NSWSC 1456 RSL Veterans' Retirement Villages Ltd v NSW Minister for Lands [2006] NSWSC 1161 University of New South Wales International House Ltd v University of New South Wales [2016] NSWSC 1709 University of New South Wales International House Ltd v University of New South Wales (No. 2) [2017] NSWSC 306 University of New South Wales v Attorney General for the State of New South Wales [2018] NSWSC 550 Versani v Jesani [1999] Ch 219 Ware v Cumberledge (1855) 20 Beav 503 Category: Principal judgment Parties: University of New South Wales (Plaintiff) Attorney General for New South Wales (Defendant) Representation: Counsel: TL Wong (Plaintiff) H El-Hage (Defendant)