In Perpetual Trustee Company Ltd v The Corporation of the Synod of the Diocese of Brisbane [2024] QSC 163, the Supreme Court of Queensland addressed the application of the assets and income from the EG Sinclair Church Extension Fund, established under the will of Eric Gordon Sinclair. The case was heard by Chief Justice Bowskill on 25 July 2024, where it was determined that the original purposes of the trust could not be effectively fulfilled due to practical limitations. The court ordered that the fund be applied cy pres to allow equal distribution to the first respondent (Anglican Church) and the second respondent (Presbyterian Church) for building new churches or renovating existing ones. The third respondent was removed from the proceedings. The court highlighted that altering the trust's terms was necessary to ensure that the fund could be used effectively, in keeping with the spirit of the trust, thus allowing significant financial support for church-related projects, despite the challenges posed by the second respondent's receivership.
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