Metropolitan Petar v Mitreski [2012] NSWSC 167

Metropolitan Petar v Mitreski [2012] NSWSC 167

Declarations were limited to terms and breaches established in prior judgments, with the court not extending or making more explicit declarations than before; the sixth defendant holds property as trustee for specified charitable purposes; admissions to membership must comply with church law; injunctive and accounting relief granted; further costs and payment orders reserved.

Parties
First Plaintiff: His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia & New Zealand; Second Plaintiff: The Very Reverend Father Mitko Mitrev; First Defendant: Lambe Mitreski; Second Defendant: Peco 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 the State of NSW
Jurisdiction
Australia
Judgment Date
05 March 2012
Procedural Posture
Equity Proceedings / Post Principal Judgment, Consequential Orders
Outcome
Declarations made as to trust and breaches; injunctive and accounting orders granted; further consideration of costs and payments reserved.
Legal Topics
Charitable Trust, Breach of Trust, Declarations, Church Property, Membership Requirements, Injunctive Relief, Account for Payments
Equity Trusts Charity Law Charitable Trust Breach of Trust Declarations Church Property Membership Requirements +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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

Procedural Posture

Equity Proceedings / Post Principal Judgment, Consequential Orders

Legal Issues

  1. 1 Whether declarations should be made as to the terms and breaches of trust relating to church property
  2. 2 Whether wider or more explicit declarations may be made beyond prior judgments
  3. 3 Whether membership of the church should be admitted and in accordance with church law

Ratio Decidendi

Declarations were limited to terms and breaches established in prior judgments, with the court not extending or making more explicit declarations than before; the sixth defendant holds property as trustee for specified charitable purposes; admissions to membership must comply with church law; injunctive and accounting relief granted; further costs and payment orders reserved.

Court Disposition

Declarations made as to trust and breaches; injunctive and accounting orders granted; further consideration of costs and payments reserved.

Orders

  • Declaration regarding trust property and charitable purpose by Sixth Defendant.
  • Order for account of donations since May 2004, at Sixth Defendant's election.