His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor (No 3) [2007] NSWCA 143

His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor (No 3) [2007] NSWCA 143

The Court held that the application to vary its previous costs orders should be refused because the issue of costs on an application for special leave to appeal was not raised during the hearing of the appeal, was a foreseeable aspect of litigation, and could have been raised by the applicant at the appropriate time. Further, special leave to appeal was refused by the High Court, reinforcing the position that the new orders should not be made after the fact.

Parties
First Appellant: His Eminence, Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand; Second Appellant: Very Reverend Father Mitko Mitrev; First Respondent: Macedonian Orthodox Community Church St Petka Inc; Second Respondent: Attorney-General for the State of New South Wales
Jurisdiction
Australia
Judgment Date
19 June 2007
Procedural Posture
Notice of Motion / Application to Vary Appellate Costs Order
Outcome
Notice of Motion dismissed with costs
Legal Topics
Costs, Applications to Vary Orders, Appeals
Civil Procedure Costs Applications to Vary Orders Appeals

Case Brief

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Parties

His Eminence, Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand

First Appellant

Very Reverend Father Mitko Mitrev

Second Appellant

Macedonian Orthodox Community Church St Petka Inc

First Respondent

Attorney-General for the State of New South Wales

Second Respondent

Procedural Posture

Notice of Motion / Application to Vary Appellate Costs Order

Legal Issues

  1. 1 Whether the Court should vary its previous orders to allow for the recovery of costs incurred in an application for special leave to appeal to the High Court of Australia

Ratio Decidendi

The Court held that the application to vary its previous costs orders should be refused because the issue of costs on an application for special leave to appeal was not raised during the hearing of the appeal, was a foreseeable aspect of litigation, and could have been raised by the applicant at the appropriate time. Further, special leave to appeal was refused by the High Court, reinforcing the position that the new orders should not be made after the fact.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • The Notice of Motion filed 31 October 2006 is dismissed with costs.