(1981)1981 December 20 [TRIANTAFYLUDES, P.] IN THE MATTER OF THE CHARITIES LAW, CAP.
- "ORPHANAGE AND TRAINING SCHOOL, DEMETRAKIS G. DIANELLOS OF LARNACA", Plaintif, v. THE ATTORNEY-GENERAL OF THE REPUBLIC, Defendant. {Charity Application No. 3/81). Charitable Trusts—Trust property—Development of—Application for approval of erection of three storeys of apartments—And for approval of loanfor the purpose of suchproject—Granted subject to conditionfor filing accounts—Section 13 of the Charities Layv, Cap.
- 5 By means of this application the plaintiff charity sought the approval of this Court for the erection "ofthree storevs of apartments on top of the already existing apartments' building next to the Sun Hall Hotel in Larnaca, and for the borrowing, in equal shares with the Archbishopric of Cyprus, of the amount 10 of C£275,O00 for the purpose of the above project. Held, that considering all the material in support of this application and, particularly, the detailed feasibility study about the proposed project of erecting three storeys of hotel apartments and taking into account, also, the fact that the defendant 15 Attorney-General of the Republic consents to the making of the orders sought by the plaintiff, this Court approves in the exercise of its relevant powers under section 13 of the Charities Law, Cap. 41,the erection of the aforesaid three storeys of hotel apartments and the contracting of the aforementioned loan 20 of C£275,000; and that, therefore, an order in accordance with paragraphs 1, 2, 3 and 5 in the motion for relief is hereby made subject to condition of filing yearly accounts as directed in the judgment, (vide. p. 723 post). Application granted. 720 25 1 CL.R. Dianellos v. Attorney-General Cases referred to: The Bishopof Kitium and Othersas Trusteesof the Dianellos Charity (No. 1) v. The Attorney-General of the Republic
(1971)1 CL.R. 92; 5 The Orphanage and Training School, Demetrakis G. Dianellos of Larnaca v. The Attorney-General of the Republic(delivered on August 31, 1973 and not reported ). Charity Application. Application by the Board of Management of the charity 10 known as "Orphanage and Training School, Demetrakis G. Dianellos of Larnaca", under section 13(b) of the Charities Law, Cap. 41, for approval for the erection of three storeys of apartments on top of the already existing appartments' building next to Sun Hall Hotel-in Larnaca. 15 G. Nicolaides, for the plaintiff. M. Kyprianou, Senior Counsel of the Republic, for the defendant. Cur. adv. vult. TRIANTAFYLLIDES P. read the following judgment. The 20 Board of Management of the plaintiff charity are seeking, in effect, by means of the present charity,application, approval for the erection of three storeys of apartments on top of the already existing apartments' building next to the Sun Hall Hotel in Larnaca, which belongs to the Sun Hall partnership, 25 in which the plaintiff charity and the Archbishopric of Cyprus are equal partners. The three new storeys of apartments (fourth, fifth and sixth storeys of the already existing apartments' building) will be erected again in partnership, in equal shares, with the Archbi30 shopric of Cyprus and, in accordance with the architectural plans which have been produced in support of the present application, the total cost of the three new storeys, including the cost of equipping them and furnishing them in such a way as to make them hotel apartments, will not exceed C£470,000. 35 For the purpose of the above project it is intended that the plaintiff charity will contract a loan from the Bank of Cyprus for the amount of C£275,000 with interest at 9% per annum, 721 TriaotafyUIdei P. DfamOof τ. Attonwy-GcDenu
(1981)whichwillbe payable intwenty-four equal quarterly instalments until the year
- The said loan will be contracted in equal shares with the Archbishopric of Cyprus and approval is, also, sought, by means of the present charity application, for the borrowing, by the plaintiff charity, in equal shares with the 5 Archbishopric of Cyprus, of the aforementioned amount of C£275,
- OnNovember27,1981,1gaveinthiscaseanInterimDecision* the contents of which need not be repeated in this judgment, except to the extent of stating that I refused to consider then 10 the merits of the present charity application because I found that theplaintiff charity hadfailed tocomply with certain requi rements imposed when judgment was given in an earlier related charity application No. 1/70 (see The Bishopof Kitiumand Others as Trustees of the DianellosCharity (No. 1) v. The 15 Attorney-General of the Republic,
(1971)1 CL.R. 92) as well as when judgment was given in charity application 2/73 (see Orphanage and TrainingSchool,Demetrakis G. Dianellos of Larnaca v. The Attorney-General of the Republic; the said judgment was given on August 31, 1973, and it was not 20 reported). Since then the plaintiff charity in the present application has complied sufficiently with the aforementioned requirements by filing all relevant accountsand, therefore, Ican now proceed to examine this charity application on its merits. 25 I have considered all the material which has been placed before me in support of this application and, particularly, the detailed feasibility study about the proposed project of erecting three storeys of hotel apartments and I have decided, taking into account, also, thefact that the defendant Attorney- 30 General of the Republic consents to the making of the orders sought by theplaintiff, toapprove, intheexerciseof the relevant powers of this Court under section 13 of the Charities Law, Cap. 41, the erection of the aforesaid three storeys of hotel apartments and the contracting of the aforementioned loan 35 of C£275,000. * Reported in this Part at p. 624 ante. 722 1 CX.R. Dianellos τ. Attorney-Genera! Trfantafyffides P. I, therefore, make an order in accordance with paragraphs 1,2, 3and 5inthe motionfor relief in this charityapplication, on condition that the plaintiff charity will take all necessary steps to file yearly accounts—for each calendar year -starting 5 with 1982—about the financial situation in relation to the project which has been approved by meansof the presentjudg ment, and, also, that condition No. 4, which was imposed by means of the judgment in The Bishopof Kitium, case, supra (see thejudgment in that case, at p. 107) will remain in force 10 and will apply, also, to the three storeys of hotelapartments for the building of which approval has been given by means of this judgment. Application granted. 723