NSW Caselaw
New South Wales Supreme Court
CITATION : Metropolitan Petar v Mitreski [2009] NSWSC 106
HEARING DATE(S) : 24-28/11/2008; 1/12/2008; 9/12/2008; 16/12/2008; 18/12/2008; 9/2/2009
JUDGMENT DATE : 4 March 2009
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Question answered in favour of plaintiffs that defendants, by denying Bishop's authority, have breached their trust.
CATCHWORDS : CHURCHES AND RELIGIOUS ASSOCIATIONS [32]- Church property- Orthodox Church- Relationship between diocese and parish- Scope of authority of Bishop. EQUITY [185]- Trusts- Church trust- Orthodox Church- Parish trustees- Objection to Bishop's activities- Whether breach.
LEGISLATION CITED : Real Property Act 1900 Associations Incorporation Act 1984
In addition to references to previous decisions in this matter, the following cases are cited: Attorney-General v Gould (1860) 28 Beav 485 Attorney-General ex rel Elisha v Holy Apostolic and Catholic Church of the East (Assyrian) Australia NSW Parish Association (1989) 37 NSWLR 293 Australian Broadcasting Tribunal v Saatchi and Saatchi Compton (Vic) Pty Ltd (1985) 60 ALR 756 Dignan v Australian Steamships Pty Ltd (1931) 45 CLR 188 Jenkins v Robertson (1867) LR 1 Sc & Div 117 CASES CITED : McLean Bros & Rigg Ltd v Grice (1906) 4 CLR 835 Natal (Bishop) v Gladstone (1866) LR 3 Eq 1 Radmanovich v Nedeljkovic (2001) 52 NSWLR 641 Scandrett v Dowling (1992) 27 NSWLR 483 Strinic v Singh [2009] NSWCA 15 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Wylde v AG (1948) 78 CLR 224
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