(High Court of Australia) A gift of money was made to the Corporation of a city to provide the nucleus of a fund to provide ‘a suitable hall or theatre for the holding of concerts to provide music for the citizens of the City and for the production of drama entertainments and the holding of meetings of a cultural or educational value’.
Held: The gift was charitable. A gift to a municipal corporation for enabling it to discharge one of its functions was charitable as bringing about a reduction of the burden of rates and taxes on the community. If the trusts created would otherwise be valid charitable trusts, their validity is not to be impugned by a provision which permits these trust to be implemented, in part, by being placed at the disposition of private individuals.
Judges:
Latham LJ, Dixon and McTiernan JJ
Citations:
(1948) 77 CLR 232
Jurisdiction:
Australia
Cited by:
Cited – Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia) ChD 31-Jul-2002
Land was conveyed to the Council’s predecessor on condition that it be left available for use for sports and similar recreations, and left as an open space. It was now sought to develop the land as a home for a football club. The Council sought . .
Lists of cited by and citing cases may be incomplete.
Charity
Updated: 25 November 2022; Ref: scu.180935