The Court gave judicial advice under s 63 of the Trustee Act 1925 (NSW) that the plaintiffs (a co-opted trustee and a company claiming to be the charitable trustee) were justified in prosecuting and defending various proceedings relating to the construction and operation of a will establishing a charitable trust worth over $120 million. Leave under s 6(1)(b) of the Charitable Trusts Act 1993 (NSW) was granted to commence charitable trust proceedings, but stayed until 12 noon on 1 April 2026 to allow the Attorney General time to consider whether to authorise the proceedings under s 6(2), with the leave to take final effect automatically if the Attorney General did not authorise them by that time.
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