Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2012] NSWCA 304

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2012] NSWCA 304 Hearing dates: 23 July 2012 Decision date: 26 September 2012 Before: Allsop P Decision: Notice of Motion for security for costs dated and filed 1 June 2012 dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: SECURITY FOR COSTS - litigation concerning charitable trust - litigation stemming from community religious dispute - public and community interest involved in proceedings - overriding interest in just, fair and expeditious resolution of dispute - inappropriate to order security Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Uptown Sydney Development Corporation Pty Ltd v Bank of New Zealand (No 1) (1993) 11 ACSR 300 Winnote Pty Ltd v Page [2005] NSWCA 362; 64 NSWLR 244 Category: Interlocutory applications Parties: Macedonian Orthodox Community Church St Petka Incorporated (First Appellant) His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand (First Respondent) Very Reverend Father Mitko Mitrev (Second Respondent) Attorney General for New South Wales (Third Respondent) Representation: G Ng (First Appellant) G Parker SC, L Livingston (First and Second Respondents) M Izzo (Third Respondent) McConnell Jaffray (First Appellant) Sachs Gerace Lawyers (First and Second Respondents) Crown Solicitor (Third Respondent) File Number(s): 2012/10767 Decision under appeal Citation: [2012] NSWSC 16 Date of Decision: 2012-02-03 00:00:00 Before: Brereton J File Number(s): 1997/25609