Metropolitan Petar & Ors v Mitreski & Ors [2000] NSWSC 1126

Metropolitan Petar & Ors v Mitreski & Ors [2000] NSWSC 1126

Naum Despotovski was joined as seventh defendant and Klime Dzeparovski dismissed because Mr Despotovski, not Mr Dzeparovski, was now officiating as priest at the subject church and the Court considered it appropriate to stabilise the parties before the next directions hearing. The application to join the Diocesan Ruling Committee as plaintiffs was declined because the first plaintiff as Archbishop was appropriate to represent the Church and any trial was expected to proceed with an Attorney General's fiat for enforcement of charitable trusts.

Jurisdiction
Australia
Judgment Date
31 October 2000
Procedural Posture
Equity Division Proceedings / Restored to the List Pursuant to Liberty Reserved for Applications Concerning Parties Before Mediation and Further Directions
Outcome
Seventh defendant substituted; application to join additional plaintiffs declined; matter stood over for further directions.
Legal Topics
['joinder of Parties' 'dismissal of Parties' 'mediation' 'further Directions' 'trial Directions' 'charitable Trusts']
['civil Procedure' 'equity' 'charitable Trusts'] ['joinder of Parties' 'dismissal of Parties' 'mediation' 'further Directions' 'trial Directions' 'charitable Trusts']

Case Brief

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Procedural Posture

Equity Division Proceedings / Restored to the List Pursuant to Liberty Reserved for Applications Concerning Parties Before Mediation and Further Directions

Legal Issues

  1. 1 ['Whether Naum Despotovski should be joined as seventh defendant in place of Klime Dzeparovski.' 'Whether the members of the Diocesan Ruling Committee should be joined as plaintiffs.' 'Whether the defendants should identify any contention that relevant property is held beneficially and not subject to a charitable trust.']

Ratio Decidendi

Naum Despotovski was joined as seventh defendant and Klime Dzeparovski dismissed because Mr Despotovski, not Mr Dzeparovski, was now officiating as priest at the subject church and the Court considered it appropriate to stabilise the parties before the next directions hearing. The application to join the Diocesan Ruling Committee as plaintiffs was declined because the first plaintiff as Archbishop was appropriate to represent the Church and any trial was expected to proceed with an Attorney General's fiat for enforcement of charitable trusts.

Court Disposition

Seventh defendant substituted; application to join additional plaintiffs declined; matter stood over for further directions.

Orders

  • ["On the plaintiffs' application (not opposed) dismiss the seventh defendant Klime Dzeparovski from the proceedings." "Reserve all questions of Mr Dzeparovski's costs." 'Order that Naum Despotovski of 1/65 Railway Street, Rockdale be joined as the seventh defendant to the proceedings.' 'Order the plaintiffs to file...