His Eminence Petar The Diocesan Bishop Of The Macedonian Orthodox Diocese Of Australia And New Zealand v Lambe Mitreski [2012] NSWSC 1207

His Eminence Petar The Diocesan Bishop Of The Macedonian Orthodox Diocese Of Australia And New Zealand v Lambe Mitreski [2012] NSWSC 1207

The imposition of conditions on the stay is justified to ensure the Parish Priest is remunerated, has co-operative access and control commensurate with religious practice, and the stay does not permit obstruction or disruption, but minimally interferes with the position established by the judgment to avoid irremediable detriment. The stay should preserve the subject matter of the appeal but allow proper church administration by authorised clergy pending determination.

Parties
First Plaintiff: His Eminence Petar The Diocesan Bishop Of The Macedonian Orthodox Diocese Of Australia And New Zealand; Second Plaintiff: The Very Reverend Father Mitko Mitrev; Third Plaintiff: The Macedonian Orthodox Diocese Of Australia And New Zealand; First Defendant: Lambe Mitrevski; Second Defendant: Perco Damcevski; Third Defendant: Boris Minovski; Fourth Defendant: Eftim Eftimov; Fifth Defendant: Mile Marcevski; Sixth Defendant: Macedonian Orthodox Community Church St Petka Incorporated; Seventh Defendant: Father Klime Dzeparovski; Eighth Defendant: Naum Despotovski; Ninth Defendant: Attorney General for the State of New South Wales
Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Interlocutory Application / Post Judgment, Stay Pending Appeal
Outcome
Plaintiffs substantially successful. Court imposes conditions on stay pending appeal; orders Sixth Defendant to comply with specified conditions; Sixth Defendant to pay costs of motion.
Legal Topics
Stay of Orders, Conditions of Stay, Church Administration, Parish Priest Remuneration, Trust Property Control, Interference Pending Appeal
Equity Charitable Trusts Church Law Stay of Orders Conditions of Stay Church Administration Parish Priest Remuneration Trust Property Control +1 more

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Parties

His Eminence Petar The Diocesan Bishop Of The Macedonian Orthodox Diocese Of Australia And New Zealand

First Plaintiff

The Very Reverend Father Mitko Mitrev

Second Plaintiff

The Macedonian Orthodox Diocese Of Australia And New Zealand

Third Plaintiff

Lambe Mitrevski

First Defendant

Perco Damcevski

Second Defendant

Boris Minovski

Third Defendant

Eftim Eftimov

Fourth Defendant

Mile Marcevski

Fifth Defendant

Macedonian Orthodox Community Church St Petka Incorporated

Sixth Defendant

Father Klime Dzeparovski

Seventh Defendant

Naum Despotovski

Eighth Defendant

Attorney General for the State of New South Wales

Ninth Defendant

Procedural Posture

Interlocutory Application / Post Judgment, Stay Pending Appeal

Legal Issues

  1. 1 Whether conditions should be imposed on the stay pending appeal to minimise interference with judgment
  2. 2 Appropriate regime for church and parish administration pending appeal
  3. 3 Remuneration and rights of Parish Priest during stay

Ratio Decidendi

The imposition of conditions on the stay is justified to ensure the Parish Priest is remunerated, has co-operative access and control commensurate with religious practice, and the stay does not permit obstruction or disruption, but minimally interferes with the position established by the judgment to avoid irremediable detriment. The stay should preserve the subject matter of the appeal but allow proper church administration by authorised clergy pending determination.

Court Disposition

Plaintiffs substantially successful. Court imposes conditions on stay pending appeal; orders Sixth Defendant to comply with specified conditions; Sixth Defendant to pay costs of motion.

Orders

  • Plaintiffs to bring in short minutes of order to give effect to judgment.
  • Stay of order 4(d) conditional upon specified compliance by Sixth Defendant.