Application of Macedonian Orthodox Community Church St Petka Incorporated (No 4) [2007] NSWSC 254

New South Wales Supreme Court

CITATION : Application of Macedonian Orthodox Community Church St Petka Incorporated (No 4) [2007] NSWSC 254

HEARING DATE(S) : 9 and 28 February, 2007

JUDGMENT DATE : 22 March 2007

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

DECISION : Advice given as previously indicated.

CATCHWORDS : JUDICIAL ADVICE – final form of orders foreshadowed in previous judgment settled.

PARTIES : Macedonian Orthodox Community Church St Petka Incorporated – Applicant

FILE NUMBER(S) : SC 2451/04

G.O. Blake SC – Applicant COUNSEL : T.G.R. Parker SC – Objectors (Plaintiffs in 3369/97) R.P.L. Lancaster – Attorney General

McConnell Jaffray – Applicant SOLICITORS : Sachs Gerace Lawyers – Objectors (Plaintiffs in Proceedings 3369 of 1997) I.V. Knight – Attorney General

2451/04 Application of Macedonian Orthodox Community Church St Petka Inc (No 4)

JUDGMENT 22 March 2007

1 I delivered reasons for judgment in the latest stage of these proceedings on 23 November 2006. I indicated then the orders which I proposed to make and stood the matter over for the Association to bring in Short Minutes of Order reflecting my reasons for judgment. 2 The matter was listed before me on 9 February 2007. Mr Parker SC, who appears for the Bishop, informed me that he had only just seen the orders proposed by the Association and needed time to respond. The matter was stood over to 28 February. Mr Parker delivered eight pages of submissions and Mr Blake responded with five pages. 3 The Association seeks that I now give the advice which I foreshadowed in my judgment of 23 November 2006. The Bishop submits that: "3 (a) the Court should defer consideration of the Association's application for authority to defend the claims against it so far as those claims relate to the 'Schedule A Property Issue' except to make orders on an interim basis (i.e. subject to revocation) permitting the Association to use the Schedule A Property to fund (up to a defined level) the filing of its Defence to paragraphs 7A and 22 of the Statement of Claim;