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 (No 3) [2007] NSWCA 143

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 (No 3) [2007] NSWCA 143

HEARING DATE(S): 25 July 2006

JUDGMENT DATE: 19 June 2007

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

DECISION: The Notice of Motion filed 31 October 2006 is dismissed with costs.

CATCHWORDS: COSTS – Notice of Motion of respondent seeking to vary Orders of Court of Appeal by including additional subparagraph – Order sought to include costs on application for special leave to appeal to the High Court of Australia – matter not raised during course of the appeal – whether Court should vary Orders

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)

FILE NUMBER(S): CA 40313/06

TGR Parker SC & R E Steele (Appellants) COUNSEL: GO Blake SC (First Respondent) C Tassone (Solicitor) (Second Respondent)

Sachs Gerace Lawyers (Appellants) SOLICITORS: McConnell Jaffray (First Respondent) Crown Solicitor (Second Respondent)

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): SC 3369 of 1997

LOWER COURT JUDICIAL OFFICER: Hamilton J

LOWER COURT DATE OF DECISION: 27 April 2006

LOWER COURT MEDIUM NEUTRAL CITATION: Metropolitan Petar v Mitreski [2006] NSWSC 336