In the Matter of the Former Modbury Primary School No. Scgrg-96-2287 Judgment No. 6379 Number of Pages 4 Equity

The Supreme Court of South Australia was asked to determine whether certain land, upon which the former Modbury Primary School was constructed, was held under a charitable trust. The Attorney General, acting in his capacity as patron of the poor, sought a declaration to ascertain if the land was subject to a charitable trust, which would bring its administration within the jurisdiction of the Court. The land in question was acquired by the Minister for Education, Employment and Training and was now considered surplus to requirements. The court was required to decide whether the evidence was sufficient to support the existence of a trust over the land, and if so, whether it was a charitable trust that would fall under the jurisdiction of the court.

The court examined the terms of the indenture and relevant documents, including the Government docket and Parliamentary papers. The court found that while there was a belief that the land was donated for school purposes, the evidence did not sufficiently establish a trust according to ordinary principles. The court distinguished between a "true trust" and a "political trust" or trust of governmental obligation, and held that the obligation created by the donor's actions was no more than a governmental obligation, which would not be enforceable in a Court of law. The court concluded that the evidence was insufficient to support the existence of a trust, and that the Minister was free to dispose of the land in question.

The court's decision was that there was insufficient evidence to support the existence of a trust over the land in question. The court held that the Minister was free to dispose of the land and apply the proceeds generally for the purposes of the Crown. The court refrained from further comment to avoid imposing any legal obligations that did not exist.