Bennett v The Royal Australian Institute of Architects

Bennett v The Royal Australian Institute of Architects concerned a dispute over the interpretation and application of a testamentary gift. The case was heard by the Queensland Supreme Court. The deceased, Philip Yeats Bisset, left a bequest to The Royal Australian Institute of Architects to establish and administer a scholarship for architecture students in Queensland. The beneficiary, who was to administer the scholarship, disagreed with the terms of the gift and requested the executors to reform the gift, effectively disclaiming it. The issue before the court was whether the beneficiary had disclaimed the gift, and if the gift could be applied cy pres in light of the disclaimer.

The court found that the testator had a general charitable intention when making the gift, despite the beneficiary's disclaimer. The court noted that the testator's intention was to benefit architecture students in Queensland, which could be considered a charitable purpose. The court applied the cy pres doctrine, allowing the gift to be applied to a similar charitable purpose. The court concluded that the gift could be applied cy pres to establish a scholarship for architecture students in Queensland to study architecture overseas, with an emphasis on planning and design of buildings. The scholarship was to be named "The Philip Y Bisset Planning (Architecture) Scholarship." The court ordered that the property subject to the gift be applied cy pres and that the costs of the applicants and the first respondent be paid from the property on an indemnity basis.