In a judgment delivered today Mullins J:
- considered whether a scholarship had been disclaimed by a beneficiary in circumstances where the beneficiary objected to some of the conditions of the gift – she held it had been
- considered whether the disclaimer could be retracted – whilst some circumstances in which a disclaimer could be retracted were discussed, she held it had not been in this case
- in any event, found that there was a general charitable intention and ordered a cy pres scheme (to be administered by the original donee of the gift)
Read Bennett v The Royal Australian Institute of Architects here.