Metropolitan Petar v Mitreski [2003] NSWSC 1089

New South Wales Supreme Court

CITATION : Metropolitan Petar v Mitreski [2003] NSWSC 1089 HEARING DATE(S) : 17 April 2003 JUDGMENT DATE : 26 November 2003 JURISDICTION: Equity JUDGMENT OF : Hamilton J DECISION : Declarations made.

CATCHWORDS : PROCEDURE [748] - Miscellaneous procedure - Declarations - Appropriate form of relief - Discretion of court - Other cases - Charitable trust - Form of declarations - Declarations should reflect issues in contention among the parties. CASES CITED : Metropolitan Petar v Mitreski [2003] NSWSC 262 His Grace Metropolitan Petar, the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand (P1) The Very Reverend Father Mitko Mitrev (P2) Lambe Mitreski (D1) Pero Damceski (D2) PARTIES : Boris Minovski (D3) Eftim Eftimov (D4) Mile Marcevski (D5) Macedonian Orthodox Community Church St Petka Incorporated (D6) Naum Despotovski (D8) Attorney General for State of NSW (D9) FILE NUMBER(S) : SC 3369/97 B A J Coles QC, T G R Parker and R E Steele (Ps) COUNSEL : N C Hutley SC (D1 - 6 & 8) R Lancaster (D9) Sachs Gerace Lawyers (Ps) SOLICITORS : McConnell Jaffray (D1 - 6 & 8) I V Knight, Crown Solicitor (D9)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

Wednesday, 26 November 2003

3369/97 HIS EMINENCE PETAR, THE DIOCESAN BISHOP OF THE MACEDONIAN ORTHODOX DIOCESE OF AUSTRALIA AND NEW ZEALAND & ANOR v LAMBE MITRESKI & ORS JUDGMENT 1 HIS HONOUR: There has been argument before me as to the form of the declaratory orders I should make consequent on my judgment of 4 April 2003: Metropolitan Petar v Mitreski [2003] NSWSC 262 ("my judgment"). I should add that I was specifically asked by the parties to defer the making of formal orders and the giving of reasons for the form of those orders until after my return from my recent leave. 2 The plaintiffs have contended that the orders should be as follows: "1 Declare that the Sixth Defendant holds, and has at all times since its incorporation held, the property specified in Schedule A to the Judgment of the Court in these proceedings on 4 April 2003 on trust to permit the said property to be used by the Macedonian Orthodox Church St Petka Rockdale as a site for a church of the Macedonian Orthodox Religion and for buildings and activities concerned with or ancillary to the encouragement, practice and promotion of the Macedonian Orthodox Religion. 2 Declare that the trust referred to in declaration 1 is a valid charitable trust."