Church of the Foursquare Gospel (Australia) Ltd v New Hope Church Swansea Inc [2019] NSWSC 519

Supreme Court New South Wales

Medium Neutral Citation: Church of the Foursquare Gospel (Australia) Ltd v New Hope Church Swansea Inc [2019] NSWSC 519 Hearing dates: 6 May 2019 Date of orders: 09 May 2019 Decision date: 09 May 2019 Jurisdiction: Equity Before: Bell P Decision: Declarations as set out in [48] of reasons for judgment. Orders as set out in [49] of reasons for judgment. Catchwords: CHURCHES AND RELIGIOUS ASSOCIATIONS – church property and trusts – identification of terms of trust – church property held on trust – change in denominational affiliation of church congregation

EQUITY – charitable trust for religious purposes – circumstances in which trust created – alteration of denominational affiliation of church congregation – church property held pursuant to charitable trust

TRUSTS – charitable trust for religious purposes – identification of terms of trust – replacement of trustee following change of denominational affiliation of church congregation Legislation Cited: Associations Incorporation Act 2009 (NSW) Charitable Trusts Act 1993 (NSW) s 6 Civil Procedure Act 2005 (NSW) s 94 Duties Act 1997 (NSW) s 54 Trustee Act 1925 (NSW) ss 70 and 71 Cases Cited: Degman Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354 Glebe Administration Board v Commissioner of Pay-roll Tax (1987) 10 NSWLR 352 Lincu v Krnjulac [2014] NSWSC 532 Radmanovich v Nedeljkovic (2001) 52 NSWLR 641; [2001] NSWSC 492 Russian Commercial & Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438 Zetting v Müller [2017] NSWSC 659 Texts Cited: J.D. Heydon, M.J. Leeming and P.G. Turner, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies (6th ed., 2015) Category: Principal judgment Parties: Church of the Foursquare Gospel (Australia) Ltd (Plaintiff; First Cross-Defendant) New Hope Church Swansea Inc (First Defendant; Cross-Claimant) Colin Bruce Grigg (Second Defendant) Debra Louise Grigg (Third Defendant) Attorney General for New South Wales (Fourth Defendant; Second Cross-Defendant) Representation: Counsel: M K Meek SC (First, Second and Third Defendants; Cross-Claimant) H El-Hage (Fourth Defendant; Second Cross-Defendant)