11Part A1. What were the aims and purposes of the Bedford Trust?Purposes of the Bedford Trust are to use the Trust property for the purposes of providing care for the sick or the dying. Originally, the purpose of the charitable trust created by the declaration of trust has ceased to provide a suitable and effective method of using the property the subject of the Bedford Trust, being that part of the land contained in Lot 3 in RP 146773 that originally comprised Eastern Suburban Allotment 34, being the whole of the land described in certificate of title no. 206865 Vol 1221, Folio 105 (trust property)1. That St Vincents Healthcare Limited is the trustee of the Bedford Trust (the Trustee) makes the following orders. Firstly, the trust property is applied and dealt with in accordance with the Scheme set out in Schedule A to these orders. Secondly, pursuant to section 106 of the Trusts Act 1973 (Qld) (the Act) 2that the original purpose of the Bedford Trust be altered to allow the trust property to be applied cypress pursuant to the terms of the Scheme stated in Schedule A to these orders.2. What terms of the trust were not being fulfilled?The terms of the trust are not presently being fulfilled in two substantial aspects. First, the Mount Olivet Hospital now does not only provide palliative care but more general care. Secondly, admission is not restricted to those who are “poor”. Further, the name “Mount Olivet” is no longer given to the entire hospital (it was renamed “St Vincents Hospital Brisbane” in 2009)3. The name “Mount Olivet” is given to the specialist palliative care unit within that hospital.3. What was the applicant seeking from the Court?The applicant seeks for three things, the first one is concerning the purpose and 1 no. 206865 Vol 1221, Folio 105 (trust property)2 Austin, R. P., & Ramsay, I. 2007, Fords Principles of Corporations Law 13th ed, Butterworths, LexisNexis. 3 “St Vincents Hospital Brisbane” in 200922structure of the Bedford Trust; Secondly, make sure orders satisfy under s 106 of the Trusts Act 19734. Finally, how do orders relieve the applicants from liability for breaches of the Bedford Trust?4. What breaches of the Bedford Trust had occurred?Two breaches of the Bedford Trust introduces in other orders sought which are located in 37 subsection b and c. It says that the original Bedford Trust land has been amalgamated into a larger parcel of land. That new parcel was created in 1976 and is used for the purposes of the Congregations mission at Kangaroo Point. The new parcel includes the original Bedford Trust land. The amalgamation of the original trust land into the greater parcel was, in effect, necessary because the original trust land was not sufficient to accommodate the building of Mount Olivet Hospice. The hospice is built on land which included the original trust land and other parcels of land which have been amalgamated into the new lot. The amalgamation did not result in the sale, transfer or other alienation of the trust land and was entirely for the benefit of the hospice. Hence, part of the trust property was transferred to the Brisbane City Council in 1976. It was transferred in compliance with the conditions of approval imposed by the Council in respect of a registered plan. Nothing was put before the Court as to what those conditions of approval were but an inference may be drawn that the approval related to the expansion of the facilities to include residential aged care. It may be that the land was transferred in the breach of trust in that it was transferred for the purposes of the Congregation and not for the purposes of the Bedford Trust. I think it more likely, though, that the construction of aged care facilities next to the trust land should be considered as being incidental to the purpose of the Bedford Trust. It was the revenue from those facilities which allowed the hospice to continue to function, running at a loss. The surplus which was generated through the aged care facility was, in part, directed towards defraying those operating losses. If that inference is not properly able to be drawn, then the Congregation seeks 4 s 106 of the Trusts Act 197333an order relieving it of any liability arising from the transfer of that part of the trust estate to the Council.5. Were the terms of the trust altered? ExplainYes, the terms of the trust altered. In the section 33 said by altering the original purpose of the Bedford Trust to allow the trust property to be applied cypress pursuant to the terms of the scheme stated in the schedule to these reasons.6. Was a breach of Trust found? ExplainYes, there are some evidence to indict the trust is breached. At the beginning, that the Congregation has at all times acted honestly, and the trustee was not acting for reward. Thirdly, that the making of the land swaps, the amalgamation of the title, and the making of the transfer of land to the Council, were all reasonable actions to take; and lastly,