Re Free Serbian Orthodox Church-Diocese for Australia and New Zealand Property Trust [2012] NSWSC 649

Supreme Court New South Wales

Medium Neutral Citation: Re Free Serbian Orthodox Church-Diocese for Australia and New Zealand Property Trust [2012] NSWSC 649 Hearing dates: 22 May 2012 Decision date: 22 May 2012 Jurisdiction: Equity Division Before: Rein J Decision: Subject to revocation by the trial judge or subsequent order in these proceedings, applicant is justified in defending the main proceedings in which it is the first defendant. Catchwords: EQUITY - trusts - trustees - application to court for judicial advice - advice sought on whether trustee would be justified in defending a claim brought under the Charitable Trusts Act 1993 - where defence can be funded without recourse to trust property - where plaintiff in the main proceedings agrees that it is appropriate for the trustee to put on a defence - where Attorney General also regards it as appropriate that trustee put on a defence - where advice of Senior Counsel in respect of the proceedings has been obtained by the applicant - trustee would be justified in defending the main proceedings Legislation Cited: Charitable Trusts Act 1993 Trustee Act 1925 Cases Cited: Re Application of Macedonian Orthodox Community Church St Petka Inc (No 3) [2006] NSWSC 1247 Re Application of Macedonian Orthodox Community Church St Petka Inc (No 4) [2007] NSWSC 254 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Category: Principal judgment Parties: Free Serbian Orthodox Church-Diocese for Australia and New Zealand Property Trust (Applicant) Bishop Irinej Dobrijevic (Interested party) Serbian Orthodox Church in Australia and New Zealand Properties Ltd (Interested party) Attorney General of New South Wales (Interested party) Representation: Counsel: G Blake SC (Applicant) S Glacken SC and J Taylor (Bishop Irinej Dobrijevic, Serbian Orthodox Church in Australia and New Zealand Properties Ltd) N Sharp (Attorney General of New South Wales) Solicitors: Hunt & Hunt (Applicant) Nicholas G Pappas & Company (Bishop Irinej Dobrijevic, Serbian Orthodox Church in Australia and New Zealand Properties Ltd) Crown Solicitor (Attorney General of New South Wales) File Number(s): SC 2012/15046