MACEDONIAN ORTHODOX COMMUNITY CHURCH ST PETKA INCORPORATED [2009] NSWSC 3

New South Wales Supreme Court

CITATION : MACEDONIAN ORTHODOX COMMUNITY CHURCH ST PETKA INCORPORATED [2009] NSWSC 3

HEARING DATE(S) : 6 January 2009 JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 6 January 2009

In respect of the management and administration of the trust property of St Petka's Church, the trustee is entitled to exclude Father Mitrev from officiating or assisting in officiating at any service provided the decision is based upon an honest and conscientious assessment of what is required for the good order and dignity of the mode of use of the church property and its safeguarding. DECISION : This advice is necessarily subject to any final determination of the rights and obligations of the parties in the principal proceedings as they come to be made by the trial judge. Costs of the application are to be paid out of trust property.

CATCHWORDS : Trustee seeking judicial advice - use of trust property - right to exclude particular person uncertain - likelihood of cuasing offence - duty of trustee

LEGISLATION CITED : Trustee Act 1925

CATEGORY : Principal judgment

CASES CITED : Metropolitan Petar v Mitreski [2003] NSWSC 1089 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand and Another (2008) 249 ALR 250

PARTIES : Macedonian Orthodox Community Church St Petka Incorporated

FILE NUMBER(S) : SC 2009/1030

COUNSEL : M F Holmes QC - Applicant - ex parte Mr McIlwaine (s) - intervening (Attorney General)

SOLICITORS : McConnell Jaffray - Applicant