Macedonian Orthodox Community Church St Petka Incorporated v Metropolitan Petar (No 2) [2013] NSWCA 385

Macedonian Orthodox Community Church St Petka Incorporated v Metropolitan Petar (No 2) [2013] NSWCA 385

The Court determined that the percentages for costs previously ordered should be varied to more fairly reflect the success and failure of parties on different issues at trial and on appeal, especially considering the Association's partial success on its application under s 85 Trustee Act 1925 and the Council Members' success regarding accessorial liability. The Court also held costs orders against Defendants should be stayed until entitlement to indemnity from trust assets is determined.

Jurisdiction
Australia
Judgment Date
18 November 2013
Procedural Posture
Appeal / Costs Determination Following Appeal
Outcome
Orders varied; previous costs orders partly set aside and stayed; new costs orders substituted; costs stay granted.
Legal Topics
['costs' 'charitable Trust' 'trustee Indemnity' 'accessorial Liability']
['equity' 'trusts' 'civil Procedure'] ['costs' 'charitable Trust' 'trustee Indemnity' 'accessorial Liability']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Appeal

Legal Issues

  1. 1 ['Appropriate apportionment and liability for costs following complex litigation involving charitable trust, breaches of trust, accessorial liability, and appeal outcomes' 'Effect of successful applications under s 85 Trustee Act 1925 on costs orders' 'Entitlement to indemnity from trust assets for ordered costs']

Ratio Decidendi

The Court determined that the percentages for costs previously ordered should be varied to more fairly reflect the success and failure of parties on different issues at trial and on appeal, especially considering the Association's partial success on its application under s 85 Trustee Act 1925 and the Council Members' success regarding accessorial liability. The Court also held costs orders against Defendants should be stayed until entitlement to indemnity from trust assets is determined.

Court Disposition

Orders varied; previous costs orders partly set aside and stayed; new costs orders substituted; costs stay granted.

Orders

  • ['Vary order (3) made by Brereton J on 21 December 2012 by substituting 50 per cent for 75 per cent and 10 per cent for 25 per cent.' 'Set aside order made by Young CJ in Eq on 9 June 2009 insofar as it ordered any Defendants to pay costs to the Attorney-General of New South Wales.' 'Stay order (3) made by Brereton...