His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor [2006] NSWCA 277

New South Wales Court of Appeal

CITATION: His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor [2006] NSWCA 277

HEARING DATE(S): 25 July 2006

JUDGMENT DATE: 6 October 2006

JUDGMENT OF: Beazley JA at 1; Giles JA at 1; Hodgson JA at 1

DECISION: Paragraph 93: Orders to be published separately.

CATCHWORDS: APPEAL – leave to appeal from interlocutory decision – error by trial judge - TRUSTS – property held on trust for a specific purpose – restraint of use for costs of on-going litigation - INJUNCTIONS – trust property – other property claimed to be held on trust – balance of convenience – balance in favour of restraining use of property - JUDGE – interlocutory order

LEGISLATION CITED: Associations Incorporation Act 1984 (NSW) Trustee Act 1925 (NSW) s 63

Cardile v LED Builders Pty Limited (1999) 198 CLR 380 Chandler v Church (unreported, Chancery Div, 21 December 1987) CASES CITED: Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Metropolitan Petar v Mitreski [2003] NSWSC 262 Metropolitan Petar v Mitreski [2006] NSWSC 336 PCW (Underwriting Agencies) Ltd v Dixon [1983] 2 All ER 158

His Eminence, Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand (First Appellant) PARTIES: Very Reverend Father Mitko Mitrev (Second Appellant) Macedonian Orthodox Community Church St Petka Inc (First Respondent) Attorney-General for the State of New South Wales (Second Respondent)