NSW Caselaw
New South Wales Supreme Court
Metropolitan Petar v Mitreski [2005] NSWSC 384 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 18 & 19 April 2005
JUDGMENT DATE : 19 April 2005
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : Restraint of payment of costs from trust fund extended and revised.
CATCHWORDS : EQUITY [172] - Trusts and trustees - Powers, duties, rights and liabilities of trustees - Indemnity, lien and reimbursement- In respect of legal costs and commission - Trustee defending proceedings for removal proposes to resort to trust assets for costs - Application to extend and revise restraint of use of trust funds.
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) Boris Minovski (D3) PARTIES : 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 : G O Blake SC (D1 - 6 & D8) R Lancaster (D9)
Sachs Gerace Lawyers (Ps) McConnell Jaffray (D1 - 6 & 8) SOLICITORS : I V Knight, Crown Solicitor (D9)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
TUESDAY, 19 APRIL 2005
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