NSW Caselaw
New South Wales Supreme Court
CITATION : Application of Macedonian Orthodox Community Church St Petka Inc (No 3) [2006] NSWSC 1247 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 14 July and 9 November 2006, and later written submissions from Objectors.
JUDGMENT DATE : 23 November 2006
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
DECISION : Judicial advice will be given; orders giving advice to be reformulated in accordance with the reasons for judgment; Short Minutes of Order of order to be prepared by Plaintiff.
CATCHWORDS : TRUSTS AND TRUSTEES – CHARITABLE TRUST – JUDICIAL ADVICE – COSTS OF LITIGATION – INTERIM COSTS ORDER – RES JUDICATA – Whether judicial advice should be refused on discretionary grounds – whether defence of litigation in best interests of trust estate – charitable trust for advancement of religion – long running dispute – public interest involved – special considerations affecting interests of a charitable trust – whether an interim order as to trustee's costs of principal litigation would decide any issue in principal litigation – res judicata and issue estoppel in an application for judicial advice – whether interim order providing for trustee's costs may be made.
LEGISLATION CITED : Trustee Act 1925 (NSW) - s.63(1), s.63(2), s.63(8), s.63(11)
- Alsop Wilkinson (a firm) v Neary [1996] 1 WLR 1220 - Application of Macedonian Orthodox Community Church St Petka Inc (No 2) (2005) 63 NSWLR 441 - Brogden, In re (1888) 38 Ch D 546 - Dallaway (dec'd), Re [1982] 1 WLR 756 - Evans v Evans [1985] 3 All ER 289 - Harrison v Mills [1976] 1 NSWLR 42 - Hongkong Bank of Australia Ltd v Murphy [1993] 2 VR 419 CASES CITED : - Kay's Settlement, In re [1939] Ch 329 - Macedonian Orthodox Community Church St Petka Inc v Petar [2006] NSWCA 160 - Marley v Mutual Security Merchant Bank & Trust Co Ltd [1991] 3 All ER 198 - Metropolitan Petar v Macedonian Orthodox Community Church St Petka Inc [2006] NSWCA 277 - National Trustees Executors & Agency Co of Australasia Ltd v Barnes (1941) 64 CLR 268 - Schroder's Wills Trusts, Re [2004] 1 NZLR 695 - Sennar (No 2), The [1985] 2 All ER 104 - Thomason v Campbelltown Municipal Council (1939) 39 SR (NSW) 347
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