If cy-près cannot be applied and the trust fails, property may: Revert to the donor (resulting trust), if the donation is not an “out and out” gift, or Vest in the Crown as ownerless goods if it is intended as an “out and out” gift. The Commissioner of Dormant Funds may apply dormant funds collected for charitable purposes to other charitable purposes: Dormant Funds Act 1942 (NSW). Dormant Funds Act s. 5A: (1) The Commissioner may determine a fund to be a dormant fund if satisfied that: (a) for at least the immediately preceding 6 years, the trustees have not used the fund genuinely for the purposes for which it was donated, collected or otherwise acquired, o (b) it is not practicable to use the fund for those purposes, or (c) it is unlikely that those purposes will be achieved within a reasonable time, or (D) the trusts, or the objects of the trusts or the purposes, for which the fund was donated, collected or otherwise acquired are uncertain or cannot be ascertained … The Commissioner is not bound by the cy-près doctrine.