High Court of Australia
HIGH COURT OF AUSTRALIA
GUMMOW ACJ
KIRBY, HAYNE, HEYDON AND KIEFEL JJ
MACEDONIAN ORTHODOX COMMUNITY
CHURCH ST PETKA INCORPORATED APPELLANT
AND
HIS EMINENCE PETAR THE DIOCESAN BISHOP
OF THE MACEDONIAN ORTHODOX DIOCESE OF
AUSTRALIA AND NEW ZEALAND & ANOR RESPONDENTS
Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand
[2008] HCA 42
Date of Order: 7 August 2008
Date of Publication of Reasons: 4 September 2008
S107/2008
ORDER
1. Appeal allowed.
2. Respondents to pay the appellant's costs of the appeal.
3. Set aside order 1 of the orders made by the Court of Appeal of the Supreme Court of New South Wales on 22 June 2007 and, in its place, order that the application for leave to appeal to that Court be dismissed with costs.
4. Application for special leave to cross-appeal dismissed with costs.
5. Set aside orders 1, 2, 3 and 5 of the orders made by the Court of Appeal of the Supreme Court of New South Wales on 23 October 2007 and, in their place, order that the appellant be entitled to be reimbursed out of the Schedule A Property for the balance of its costs, charges and expenses incurred in conducting the proceedings in the Court of Appeal to the extent to which they are not paid by the respondents.
1. Order that the appellant be entitled to be reimbursed out of the Schedule A Property for the balance of its costs, charges and expenses incurred in conducting the proceedings in this Court to the extent to which they are not paid by the respondents.
On appeal from the Supreme Court of New South Wales
Representation
G C Lindsay SC with G O Blake SC for the appellant (instructed by McConnell Jaffray)
T G R Parker SC with R E Steele for the respondents (instructed by Sachs Gerace Lawyers)
R P L Lancaster with M A Izzo intervening on behalf of the Attorney General for the State of New South Wales as amicus curiae (instructed by Crown Solicitor (NSW))
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