› Distinction between administrative schemes and cy-près schemes
› Reference to widening of the cy‑près jurisdiction in New South Wales brought about by the enactment of s 9 Charitable Trusts Act 1993 (NSW) (CTA)
› General observations regarding the effect of ss 9 and 10 CTA including contrast of general law and statutory cy-près provisions
› Approach to construction of s 9 CTA and identification of the “spirit of the trust”
Charitable Gifts and Trusts
› cy-près scheme
› Discussion of legal provisions bearing upon duration of trusts and expenditure of permanent endowment capital
Charitable Gifts and Trusts
› Considerations regarding “spirit of the trust” in relation to services provided, geographic focus and choices as between proposals which would exhaust the trust capital and a proposal permitting the trust (real estate) property to be kept in specie and having an enduring operation
Case Details
Citation[2023] NSWSC 1229
CourtNSWSC
JurisdictionNew South Wales
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