Plummer v Attorney General of NSW

Case

[2018] NSWSC 869

19 June 2018


Details
AGLC Case Decision Date
Plummer v Attorney General of NSW [2018] NSWSC 869 [2018] NSWSC 869 19 June 2018

CaseChat Overview and Summary

Plummer sought a declaration that the 1971 Trust Deed constituted a valid charitable trust for religious purposes and sought further declarations as to the property constituting the trust, the effect of two subsequent trust deeds, and the current trustees. The Attorney-General of New South Wales argued that the 1971 Trust Deed did not constitute a valid charitable trust. The Court was required to determine whether the 1971 Trust Deed constituted a valid charitable trust and, if so, the nature and extent of the trust property and the identity of the trustees.

The Court found that the 1971 Trust Deed did constitute a valid charitable trust for religious purposes. The Court held that the property specified in the 1971 Trust Deed constituted the trust property, and that the two subsequent trust deeds did not vary the terms of the trust. The Court found that the current trustees were those appointed by the 1971 Trust Deed, and made orders appointing new trustees and vesting the trust property in them.

The Court held that the 1971 Trust Deed constituted a valid charitable trust for religious purposes, and that the property specified in that deed constituted the trust property. The Court found that the two subsequent trust deeds did not vary the terms of the trust and that the current trustees were those appointed by the 1971 Trust Deed. The Court made orders appointing new trustees and vesting the trust property in them.
Details

Areas of Law

  • Trusts & Equity

Legal Concepts

  • Charitable Trust

  • Trust Property

  • Trustees

  • Variation of Trusts

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Cases Citing This Decision

8

Cases Cited

10

Statutory Material Cited

4

Ebbage, J.J. v Stout, K.J [1991] FCA 342