Radmanovich v Nedeljkovic [2002] NSWSC 763

New South Wales Supreme Court

CITATION : Radmanovich v Nedeljkovic [2002] NSWSC 763 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1354/99 HEARING DATE(S) : 14, 21 June 2002 JUDGMENT DATE : 28 August 2002

Maksim Radmanovich (First Plaintiff) Stevan Dobrich (Second Plaintiff) PARTIES : Drago Mijakovac (Third Plaintiff) Kosta Nedeljkovic (First Defendant) Nikola Lukic (Second Defendant) Duro Radan (Third Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr G.B. Colyer (Plaintiffs) Mr S. Glacken (Defendants) SOLICITORS : McCabe Terrill Lawyers (Plaintiffs) Nicholas G Pappas & Co. Solicitors (Defendants) CATCHWORDS : Voluntary association - Church-School Community - List of members - Adjudication of disputes as to persons entitled to be members - Rules of the Community - Effect of excommunication from Church upon membership of Community - Meaning of phrase "ineligible for membership". Crumblin v Kerr (1987) 72 ALR 461 CASES CITED : Faramus v Film Artistes' Association [1963] 2 QB 527; [1964] AC 950 Woodford v Smith [1970] WLR 806 DECISION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Wednesday, 28 August 2002

1354/99 MAKSIM RADMANOVICH and ORS -V- KOSTA NEDELJKOVIC and ORS JUDGMENT 1 MASTER: The background to this matter is set forth in the reasons for judgment published by Mr Justice Young, Chief Justice in Equity, on 15 June 2001 and 15 October 2001. It is unnecessary for me to rehearse that background. For present purposes it is sufficient to state that the substantive proceedings concern the trusts affecting land as Elanora Heights on which are erected buildings known as the Serbian Orthodox Church–School, St. Sava. His Honour said that the basal question for determination before him was whether the trusts affecting the relevant land are for the Serbian Orthodox Church as a whole (as contended by the Defendants) or whether they are solely for the First Serbian Orthodox Church-School Community St. Sava Warriewood-Mona Vale (as contended by the Plaintiffs). (That latter unincorporated body will hereafter in this judgment be referred to as "the Church-School Community" or "the Community".) 2 On 15 October 2001 His Honour made orders to carry into effect the reasons for judgment published by him on 15 June 2001. 3 Those orders included a declaration as to the trust upon which the Elanora Heights land is held by the Plaintiffs as registered proprietors thereof. His Honour made orders for the removal of the First and Second Plaintiffs as trustees of the trust and for the appointment of the First and Second Defendants as trustees. (They, together with the Third Defendant, as a continuing trustee, were referred to thereafter in His Honour's orders as "the Trustees".) 4 Order 12 is in the following terms, Order that the Trustees be directed: