Monds v Stackhouse

(1948) 77 CLR 232

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Between: Monds
And: Stackhouse

Court:

Judges: Latham CJ
Dixon J
McTiernan J

Subject References:
Charities

Hearing date: Hobart, 4 & 5 November 1948
Judgment date: 23 December 1948

Melbourne

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ORDER

Order of Supreme Court varied by omitting from the answer to the second question the words "In doing so" to the words "similar character" inclusive, ng the answer to the fifth question and answering the said question as follows: -

"No: the plaintiff should hold and retain the said property until further order of the Supreme Court,"

by omitting the answer to the sixth question and answering the said question as follows: -

"Not unless it is found impracticable to carry into execution the trust expressed in the gift mentioned in question 1, or unless it is found that a surplus of such proceeds remains in the hands of the said corporation after such trust has been fully executed,"

and by adding that all parties shall be at liberty to apply.

Appeal otherwise dismissed.

Costs of all parties of appeal to be paid out of residue, those of trustees as between solicitor and client.