Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic

The appeal concerned the application of property held by the Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust, which lacked a formal trust instrument. The dispute before the Court of Appeal of New South Wales involved whether the primary judge had erred in applying section 9 of the Charitable Trusts Act 1993 (NSW) to direct the application of the property under a cy-près scheme. Leave was also sought to amend the notice of appeal on the first day of the hearing.

The central legal issues were whether the primary judge's application of section 9 of the Charitable Trusts Act 1993 (NSW) was correct, and whether granting leave to amend the notice of appeal at such a late stage would occasion unfairness, having regard to the principles established in *Coulton v Holcombe*.

The Court of Appeal refused leave to file the amended notice of appeal, finding that to do so would give rise to unfairness. The Court then dismissed the appeal, upholding the primary judge's decision regarding the application of the property under a cy-près scheme. The parties were directed to file submissions on the question of costs and indemnification of any party from the trust property.