Catholic Metropolitan Cemeteries Trust v Attorney General of New South Wales

(2024) 116 NSWLR 314; [2024] NSWCA 30

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Charitable trusts
3. › Creation of charitable trust
4. › Charitable trust created pursuant to statute and recognised in equity
5. › Distinction from 'statutory trust' created by statute
6. › Whether Necropolis Act 1867 (NSW) and proclamations created charitable trust in equity
7. › Necropolis Act 1867 (NSW), ss 3, 4, 5, 6
1. Equity
2. › Charitable trusts
3. › Survival of charitable trust
4. › Relationship with statute
5. › Whether repeal of enabling statute extinguishes charitable trust recognised in equity
6. › Existence of power to alter or extinguish trust distinguished from exercise of power
7. › Interpretation Act 1987 (NSW), ss 30, 33
1. Equity
2. › Charitable trusts
3. › Trust property
4. › Proceeds of use of trust land
5. › Whether accumulated proceeds held on same charitable trust as land
6. › Whether statutory abolition of trust over land extends to trust over proceeds
7. › Crown Land Management Act 2016 (NSW), Sch 7, cl 11(2A)
1. Statutes
2. › Statutory construction
3. › Consolidating statutes
4. › Whether change in wording in consolidating statute effected change in charitable purpose
5. › Principle that change in language does not entail change in legal meaning in consolidating legislation
6. › Necropolis Act 1901 (NSW), s 12

Quick Take

Crown land trusts and charitable trusts created by statute may be characterised as charitable trusts recognised in equity (not mere statutory trusts), with the consequence that they survive the repeal of the enabling statute and that accumulated proceeds may continue to be held on trust even when the trust over the land is abolished.