Metropolitan Petar v Mitreski [2003] NSWSC 608

Metropolitan Petar v Mitreski [2003] NSWSC 608

The interlocutory regime should be varied only in limited respects to maintain workable use of the church by both sides: the Bishop's and Father Mitrev's post-12 July access is conditional on the Bishop continuing to provide a priest acceptable to the sixth defendant, no weekly accounting order will be made because it would likely trigger trouble during a delicate period, and Saturday use should be alternated so Father Mitrev has every second Saturday afternoon while the defendants have the other Saturday afternoons for ceremonies.

Jurisdiction
Australia
Judgment Date
03 July 2003
Procedural Posture
Equity Proceedings Concerning Interlocutory Injunctions and Use of Church Property Subject to Charitable Trust / Further Interlocutory Debate on Arrangements Pending the Second Trial
Outcome
New interlocutory regime varied in limited regards.
Legal Topics
['interlocutory Injunctions' 'balance of Convenience' 'charitable Trust' 'use of Church Property' 'church Property Disputes']
['equity'] ['interlocutory Injunctions' 'balance of Convenience' 'charitable Trust' 'use of Church Property' 'church Property Disputes']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Interlocutory Injunctions and Use of Church Property Subject to Charitable Trust / Further Interlocutory Debate on Arrangements Pending the Second Trial

Legal Issues

  1. 1 ['What interlocutory arrangements should govern use of the church pending the second trial.' "Whether the Bishop's and Father Mitrev's use of the church after 12 July 2003 should be conditional upon provision of a priest acceptable to the sixth defendant." 'Whether the plaintiffs should be ordered to account weekly for moneys taken by Father Mitrev during services.' 'How Saturday use of the church should be allocated between Father Mitrev and the defendants.']

Ratio Decidendi

The interlocutory regime should be varied only in limited respects to maintain workable use of the church by both sides: the Bishop's and Father Mitrev's post-12 July access is conditional on the Bishop continuing to provide a priest acceptable to the sixth defendant, no weekly accounting order will be made because it would likely trigger trouble during a delicate period, and Saturday use should be alternated so Father Mitrev has every second Saturday afternoon while the defendants have the other Saturday afternoons for ceremonies.

Court Disposition

New interlocutory regime varied in limited regards.

Orders

  • ['The Bishop will conduct the first service of reconsecration on Saturday 12 July 2003.' 'The Bishop and Father Mitrev may enter the church and have the use of it for the whole of 12 July 2003 for the purposes of carrying out that ceremony.' 'Father Kiselinov will enter upon his duties as the priest procured by the...