His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand v Lambe Mitreski (No. 2) [2018] NSWSC 295

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 (No. 2) [2018] NSWSC 295 Hearing dates: 9 March 2018 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Equity Before: Slattery J Decision: First plaintiff ordered to pay the defendants' costs of the motion. But should the sixth defendant not obtain leave to pursue its collateral proceedings to set aside the basis of the costs orders then this costs order should be vacated and each party should then bear its own costs of the motion. Catchwords: COSTS – Costs follow the event – first plaintiff fails on motion to lift a stay on enforcement of costs orders – defendants argue that costs should follow the event and the first plaintiff should pay the defendants' costs – first plaintiff argues that the defendants have invited the filing of the motion and bear responsibility for the incurring of costs on the motion – matter complicated by the defendants opposition being based on a need to seek leave to pursue other proceedings – possibility exists that the Court may not permit the other proceedings to be pursued – the fairness of resulting costs orders in all the circumstances considered. Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117 His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand v Lambe Mitreski [2018] NSWSC 13 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No. 2) [2011] NSWCA 256 Category: 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