His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand v Lambe Mitreski [2018] NSWSC 13

Supreme Court New South Wales

Medium Neutral Citation: His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand v Lambe Mitreski [2018] NSWSC 13 Hearing dates: 20 November and 5 December 2017 Date of orders: 29 January 2018 Decision date: 29 January 2018 Jurisdiction: Equity Before: Slattery J Decision: Stay on the enforcement of costs orders left in place. Stay continued on terms that the sixth defendant seek judicial advice concerning the commencement of proceedings to set aside the costs orders, and if so advised, commence those proceedings with due expedition and that the sixth defendant apply expeditiously to have any costs orders made against it and its defence costs paid out of trust assets. Second plaintiff may be joined by the first plaintiff as a defendant to any costs enforcement proceedings. Costs reserved. Catchwords: TRUSTS - charitable trust proceedings – first plaintiff's motion to lift stay on the enforcement of costs orders against defendants – defendants foreshadow an application to set aside the principal judgment and consequent costs orders on the grounds that they were procured by fraud – whether the second plaintiff who has the benefit of the costs order in question should be joined to the motion – whether there is any present utility in lifting the stay. Legislation Cited: Charitable Trusts Act 1993, s 6 Legal Profession Act 2004, ss 353 and 356 (repealed) Cases Cited: Australian Workers Union v Bowen (1946) 72 CLR 575 Cabassi v Vila (1940) 64 CLR 130 Farrow Mortgage Services Pty Limited (in liquidation) v Emanuele [1998] FCA 1236 His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand v Kotevich [2014] NSWSC 1215 Manzo v 555/255 Pitt Street Pty Limited (1990) 21 NSWLR 1 Metropolitan Petar v Mitreski [2003] NSWSC 262 Metropolitan Petar v Mitreski [2007] NSWSC 70 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar, Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Metropolitan Petar v Mitreski [2012] NSWSC 16 Metropolitan Petar v Mitreski [2012] NSWSC 1610 Metropolitan Petar v Mitreski [2012] NSWSC 167 Macedonian Orthodox Community Church St Petka Incorporated v Metropolitan Petar [2013] NSWCA 223 Macedonian Orthodox Community Church St Petka Incorporated v Metropolitan Petar (No 2) [2013] NSWCA 385 Re Thompson; Ex parte Thompson v Grimley Pty Limited (1995) 135 ALR 700 Wentworth v Rogers (No. 5)(1986) 6 NSWLR 534 Category: Consequential orders (other than Costs) Parties: First Plaintiff: His Eminence Petar, The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand Second Plaintiff: The Very Reverend Father Mitko Mitrev First Defendant: Lambo Mitrevski Second Defendant: Pero Damcevski Third Defendant: Boris Minovski Fourth Defendant: Eftim Eftimov Fifth Defendant: Mile Marcevski Sixth Defendant: Macedonian Orthodox Community Church St. Petka Incorporated Eighth Defendant: Naum Despotoski Ninth Defendant: Attorney-General for State of NSW Representation: Counsel