Supreme Court - Trial Division

Hicks v Mater Misericordiae Ltd [2017] QSC 038 (16/3636) Douglas J 17 March 2017

Full-text: QSC17-038.pdf


SUCCESSION – CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS – CONSTRUCTION GENERALLY – ADMISSIBILITY AND USE OF EXTRINSIC EVIDENCE IN AID OF CONSTRUCTION – TO IDENTIFY PERSON OR OBJECT OF DISPOSITION – where testator’s will left residuary estate to public hospital for certain charitable purposes – where hospital operated by first respondent – whether gift actually intended for first respondent –where section 33C Succession Act 1991 sets out what extrinsic evidence is admissible in interpreting a will – where rules of construction continue to allow admission of extrinsic evidence – whether extrinsic evidence could be admitted to aid in construction of this will

CHARITIES – CHARITABLE GIFTS AND TRUSTS – VALIDITY AND PRACTICABILITY – NON-EXISTENCE OF OBJECTS – GIFT TO CHARITABLE INSTITUTION: INSTITUTION CEASING TO EXIST – PARTICULAR CASES – where testator’s will named hospital as residuary beneficiary under will for identified charitable purposes – where first respondent operated public hospital – where beneficiary hospital ceased to exist after testator’s death – where functions of beneficiary were ceded to different institution operated by second respondent – whether cy-près order should be made in favour of second respondent