Metropolitan Petar v Mitreski [2012] NSWSC 1610

Supreme Court New South Wales

Medium Neutral Citation: Metropolitan Petar v Mitreski [2012] NSWSC 1610 Hearing dates: 30 April 2012 Decision date: 21 December 2012 Jurisdiction: Equity Division Before: Brereton J Decision: See orders Catchwords: TRUSTS AND TRUSTEES - Charitable trusts - accessorial liability - where Association was an integral element of Macedonian Orthodox Church under Church law - where office-bearers knew this but did not know that Association held its property on charitable trust and instigated actions in accordance with Association's constitution but in breach of terms of charitable trust - whether given knowledge of relationship of Association with Church, including that office-holders customarily swore oaths to uphold church law, it transgressed ordinary standards of honest behaviour for them to procure the appointment of and remunerate a priest without the Bishop's authority - held, it did. COSTS - where dispute concerned genuinely held views of opposing factions in relation to the conduct of a religious association - where proceedings highly contentious - whether proceedings analogous to public interest proceedings - held, they were not - relevance of effect on trust property of making or not making a costs order - whether just that a party who successfully brings proceedings to enforce a charitable trust should be left unindemnified by unsuccessful defendants - costs of unprosecuted cross-claim - whether rendered inutile by subsequent events - costs of interlocutory proceedings brought in aid of rights under interlocutory regime, which rights were ultimately vindicated. Legislation Cited: (NSW) Trustee Act 1925, s 85 Cases Cited: Adler v ASIC [2003] NSWCA 131; (2003) 46 ACSR 504 Giorgianni v The Queen [1985] HCA 29; (1985) 156 CLR 473 Metropolitan Petar v Mitreski [2012] NSWSC 16 Metropolitan Petar v Mitreski [2012] NSWSC 167 Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661 Category: Consequential orders Parties: 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 (first defendant) Peco Damcevski (second defendant) 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) Representation: Counsel: Mr TGR Parker SC w Mr RE Steele (Ps) Mr M Leeming SC w Ms L Goodchild (D1-6, 8) Mr M Izzo (D9) Solicitors: Sachs Gerace Lawyers (Ps) McConnell Jaffray Lawyers (D1-6, 8) Crown Solicitor (D9) File Number(s): 1997/25609