Application of Sachs

Judgment

1. [1]

   HIS HONOUR: This is an application for judicial advice or direction pursuant to s 63 of the Trustee Act 1925 (NSW).

2. [2]

   The plaintiffs are the executors of the will of Alan David Hawkins, who died on 18 March 2009. By his will made on 3 March 2000 he gave half of his net estate to "Save the Children" at Level 3, 123 Clarence Street, Sydney. At the time of the will there was in existence a public company limited by guarantee called Save the Children (NSW), whose registered office was Level 3, 123 Clarence Street, Sydney. It is clear that it was the intended beneficiary of the gift.

3. [3]

   On 11 April it was resolved that Save the Children (NSW) be wound up voluntarily. That was for the purpose of transferring its assets to a national organisation originally called Save the Children Fund Australia, now called Save the Children Australia. The assets were duly transferred. Save the Children Australia is the successor of Save the Children (NSW).

4. [4]

   Save the Children (NSW) was deregistered. Whilst the gift would have lapsed, it is quite clear that the testator had a general charitable intention and it is quite clear that the gift would be directed to be paid to the successor organisation. The executors are justified, and should be directed, to make the payment to the organisation now known as Save the Children Australia.

5. [5]

   The person who would have taken on the partial intestacy is the deceased's aunt. She survived the deceased but has herself died. The executors of her estate consent to the orders which are now agreed. It is appropriate to give the direction pursuant to s 63 of the Trustee Act as sought.

6. [6]

   For these reasons I make orders in accordance with the document entitled Consent Orders signed by counsel for the executors and for Save the Children Australia, which I initial and date today and place with the papers.