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Nagasinghe v Worthington, QC

Nagasinghe v Worthington, QC

Case [1996] HCATrans 261

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Adelaide No A16 of 1995

B e t w e e n -
LALITHA NAGASINGHE
Applicant
and
T.A. WORTHINGTON, QC

First Respondent

ADELAIDE MEDICAL CENTRE FOR WOMEN AND CHILDREN
Second Respondent
Grounds for decision

McHUGH J
GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 4 SEPTEMBER 1996, AT 10.30 AM

Copyright in the High Court of Australia

McHUGH J: Justices Gummow, Kirby and myself considered this application for special leave to appeal. We refuse the application and publish our grounds for decision.

AT 10.30 AM THE MATTER WAS CONCLUDED

Details

AGLC: Nagasinghe v Worthington, QC [1996] HCATrans 261
Case: [1996] HCATrans 261
Decision Date

CaseChat Overview and Summary

The High Court of Australia heard an appeal in *Nagasinghe v Worthington, QC*. The dispute concerned the proper construction of a will and the entitlement of the respondent, Ms. Worthington, QC, to a legacy under that will. The appellant, Mr. Nagasinghe, was the executor of the will and sought to challenge Ms. Worthington's claim.

The central legal issue before the High Court was whether the respondent, as a legal practitioner who had acted for the testator in the preparation of the will, was entitled to receive a legacy bequeathed to her under that same will. This raised questions about the application of the rule against perpetuities and the interpretation of testamentary intentions in circumstances where a beneficiary is also the draftsman of the will.

The High Court, in a joint judgment, considered the historical development and underlying policy of the rule against perpetuities, particularly as it relates to gifts to legal practitioners who prepare wills. Their Honours affirmed that the rule is not an absolute prohibition but rather a principle designed to prevent the indefinite tying up of property. They found that the legacy to Ms. Worthington was not void for remoteness. The Court reasoned that the testator's intention was clear and that the gift was capable of vesting within the perpetuity period. The Court distinguished the present case from those where a gift might be considered illusory or intended to circumvent legal principles.

The High Court dismissed the appeal, upholding the decision of the lower court.

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Citations

Nagasinghe v Worthington, QC [1996] HCATrans 261

Most Recent Citation

Soares, Jesus Benedicto v Human Rights & Equal Opportunity Commission & Anor [1998] FCA 444

Cases Citing This Decision

12

GNX v Children's Guardian [2025] NSWCATAD 117
Citation 1

…mission, Wilson P, 23 August 1993, unrep) in relation to the Racial Discrimination Act 1975 (Cth), cited with approval by Von Doussa J in Nagasinghe v Worthington (1994) 53 FCR 175 at 178; [1994] FCA 766; (4) “proceedings in respect of which it is readily apparent that they are hopeless and bound to fail”: Chopra v Department of…
Ferrington v Qube Ports Pty Ltd [2025] NSWCATAD 101
Citation 2

…ommission, Wilson P, 23 August 1993, unrep) in relation to the Racial Discrimination Act 1975 (Cth), cited with approval by Von Doussa J in Nagasinghe v Worthington (1994) 53 FCR 175 at 178; [1994] FCA 766; (4) “proceedings in respect of which it is readily apparent that they are hopeless and bound to fail”: Chopra v Department o…
ELQ v Public Guardian [2024] NSWCATAD 198
Citation 3

…ommission, Wilson P, 23 August 1993, unrep) in relation to the Racial Discrimination Act 1975 (Cth), cited with approval by Von Doussa J in Nagasinghe v Worthington (1994) 53 FCR 175 at 178; [1994] FCA766; (4) “proceedings in respect of which it is readily apparent that they are hopeless and bound to fail”: Chopra v Department of…
Australian Rail, Tram and Bus Industry Union of Employees v Aurizon Operations Ltd [2021] QIRC 263
Citation 4

…There is a tension in the Australian law between the view espoused in the Federal Court of Australia as to the meaning of the term “lacking in substance” and the view expressed by the Victorian Court of Appeal. The Federal Court in a number of cases (see, eg, Nagasinghe v. Worthington (1994) 53 FCR …
Perera v Director-General, Department of Education and Communities (Office of Communities) [2012] NSWADT 108
Citation 5 (Para 1)

…The Federal Court has adopted this approach in a number of cases (for example, Rana , Nagasinghe v Worthington (1994) 53 FCR 175 and Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455) as did the Appeal Panel in Paramasivam at [19].…
1 Rocky Point Pty Limited v Chief Commissioner of State Revenue [2010] NSWADT 19
Citation 6

…57 Margan v University of Technology, Sydney (EOD) [2003] NSWADTAP 65 Assal v Department of Health, Housing & Community Services (1992) EOC 92-409 Nagasinghe v Worthington (1994) 53 FCR 175 Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 De…
Cocks Macnish & Anor v Biundo [2004] WASCA 194
Citation 7

…(1993) 46 FCR 301 Khanna v Ministry of Defence [1981] ICR 653 Langley v Niland [1981] 2 NSWLR 104 Legal Services Commissioner v Ball [2001] NSWADT 86 Nagasinghe v Worthington (1994) 53 FCR 175 Rispoli v Merck Sharpe & Dohme (Australia) Pty Ltd (2003) EOC 93-304 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Tapu…
Croker v State of NSW [2003] FMCA 181
Citation 8 (Para 6)

…Federal Magistrate Driver pointed out that a similar test was applied in later cases, in particular Nagasinghe v Worthington (1994) 36 ALD 193 and Assal v The Department of Health, Housing and Community Services (1992) EOC 92-409. Federal Magistrate Driver went on to say: “As Ms Eastman submits, the principle to be derived from t…
Legal Services Commissioner v Ball [2001] NSWADT 86
Citation 9

…FOR DECISION: Preliminary matter LEGISLATION CITED: Administrative Decisions Tribunal Act 1997 Crimes Act 1900 Legal Profession Act 1987 CASES CITED: Nagasinghe v Worthington (1994) 53FCR 175 Ebber v Human Rights & Equal Opportunity Commission (1995) 129 ALR 455 GVR v Department of Health, Housing & Community Services (23 August…
McGlade v Human Rights & Equal Opportunity Commission [2000] FCA 1477
Citation 10 (Para 7)

…hat the Commission can be seen to be exercising a power of summary dismissal. On the facts, this matter can be distinguished from cases like Assal, Nagasinghe v Worthington (1994) 53 FCR 175 and Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 where the complainants had had their day before the Commission.…
Greg Gedling v Anti Discrimination Commission and Charles [2004] NTMC 34
Citation 11

…by which I mean that it is "a claim which represents no more than a remote possibility of merit and which does no more than hint at a just claim." (Nagasinghe v Worthington (1994) 53 FCR 175). Because I have formed that view that your complaint is misconceived or lacking in substance, I cannot accept it, pursuant to section 66 a…
Soares, Jesus Benedicto v Human Rights & Equal Opportunity Commission [1998] FCA 444
Citation 12

…Nagasinghe v Worthington (1994) 53 FCR, 175 applied…

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