NSW Caselaw
New South Wales Supreme Court
CITATION : Metropolitan Petar v Mitreski [2010] NSWSC 1067
HEARING DATE(S) : 19 July 2010 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 19 July 2010
DECISION : Motion dismissed with costs.
CATCHWORDS : PROCEDURE – Supreme Court Procedure – New South Wales – Procedure under Rules of court – Amendment – whether defendant should be given leave to further amend their defence – after judgment given in separate questions – where proposed amendments would alter basis of case on which separate questions decided
CATEGORY : Procedural and other rulings
Metropolitan Petar v Mitreski [2003] NSWSC 262 CASES CITED : Metropolitan Petar v Mitreski [2009] NSWSC 106 Mitreski v His Eminence Metropolitan Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2009] NSWCA 319
His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia & New Zealand (first plaintiff) The Very Reverend Father Mitko Mitrev (second plaintiff) Lambe Mitreski (defendant) Pero Damcevski (second defendant) PARTIES : Boris Minovski (third defendant) Eftim Eftimov (fourth defendant) Mile Marcevski (fifth defendant) Macedonian Orthodox Community Church St Petka Incorporated (sixth defendant) Naum Despotoski (eighth defendant) Attorney-General for the State of NSW (ninth defendant)
FILE NUMBER(S) : SC 97/25609
Mr TGR Parker SC w Mr Steele (Ps) COUNSEL : Mr Holmes QC w Mr N Beaumont (D1-6, 8) Ms Samuels (D9)
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