find the latest legal job
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
Property Lawyer
Category: Property Law | Location: All Melbourne VIC
· 12 Month Contract · Diverse Work
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Infrastructure Lawyers
Category: Construction Law | Location: All Perth WA
· We'd be particularly interested to hear from you if you were a lawyer who knows your way around the infrastructure and energy sectors.
View details
HDY intervenes on behalf of local art lovers

HDY intervenes on behalf of local art lovers

A COMMUNITY GROUP in country NSW has managed to keep a renowned painting from being sold to a city art gallery thanks to help from Henry Davis York.The law firm’s commercial dispute lawyers…

A COMMUNITY GROUP in country NSW has managed to keep a renowned painting from being sold to a city art gallery thanks to help from Henry Davis York.

The law firm’s commercial dispute lawyers helped the Friends of the Hinton Collection and the Old Teachers’ College, Armidale, to intervene in Armidale Council’s plan to sell its half-share in Tom Robert’s painting “Mosman’s Bay” to the Art Gallery of NSW.

Moin & Associates Pty Ltdacted for Armidale Council and the Crown Solicitor for the NSW Attorney-General.

The Hinton Collection includes more than 1,000 artworks, which were given to the people of Armidale by Howard Hinton in the 1930s.

“Mosman’s Bay” is said to be one of the centrepieces of the collection, which the council said is valued at more than $3 million. The collection also includes “McMahon’s Point Ferry” (1890) by Arthur Streeton, “Christmas Bush” (1923) by Margaret Preston, “Apollo’s Vanguard” (1933) by Norman Lindsay and “The Beach” (1918) by Elioth Gruner.

Armidale Council sought to have the trust terms varied so they could sell the painting, using the proceeds to pay for $500,000 in council debts.

Under the sale agreement, the AGNSW would then have equal display time rights to the artwork, with the New England Regional Art Gallery and AGNSW swapping the painting every year.

However, Justice Young in the NSW Supreme Court case Armidale Dumaresq Council v Attorney-General said “there does not appear to be any covenant preventing an agreement between the trustee and the art gallery despite a lack of power in the trustee to sell the painting altogether or to make an application for sale under s 36A of the Conveyancing Act 1919.

“In other words, the painting is at risk of forever departing out of the Armidale area and forever being removed from the collection of the revivified teachers’ college.”

HDY acted for Friends of the Hinton Collection on a pro bono basis. They were granted leave to intervene in the application by Justice Young.

“An unusual feature of the case was the court’s willingness to accept that the friends’ views about the Hinton Trust should be heard,” said HDY lead partner Harland Koops.

“In reaching its conclusion, the Court had regard to the local nature of the charitable trust and the decision of the NSW Attorney-General, who was the defendant in the proceedings, not to take an active part.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

HDY intervenes on behalf of local art lovers
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 17 2017
It's time for politicians to commit to eradicating domestic violence
The national shame of domestic violence cannot be left unaddressed, writes Christine Smyth. ...
Nov 16 2017
From lawyer in law firm to senior governance professional
Promoted by Governance Institute of Australia As a law graduate, Kate Griffiths never imagined...
marriage equality
Nov 16 2017
Legislation the next hurdle for marriage equality
Lawyers have underscored the importance of ensuring same-sex marriage legislation does not limit ant...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...