Ilija Dragosavljevic v Serbian Orthodox Church St Knez Lazar Incorporated

The Supreme Court of the Australian Capital Territory dealt with a number of interlocutory applications in the case of Ilija Dragosavljevic v Serbian Orthodox Church St Knez Lazar Incorporated and Others. The applications raised issues such as whether the plaintiff had standing to bring the claim, whether the plaintiff's failure to comply with a direction justified striking out or dismissing the claim, and whether security for costs should be ordered. The court also considered an application by the second defendant for the release of funds to pay legal costs.

The court found that the plaintiff's claim was arguable in law and should not be struck out as not disclosing any cause of action or ground for relief. It also found that the plaintiff's failure to comply with a direction to inform the court whether he intended to seek any order to prevent the transfer and registration of church land did not justify striking out the claim. The court held that there was no positive case of a definite likelihood that the plaintiff would not be able to pay the defendant's costs, and therefore, declined to exercise the discretion to make an order for security of costs.

The court further found that the $20,000 requested by the second defendant for the release of funds was not reasonably required, and dismissed the application. The court proposed to set a timetable for the conduct of the matter and of the associated proceedings and would hear counsel on that also.

The court dismissed the motion on notice dated 19 February 2002 and the motion on notice dated 20 February 2002. The Bishop was made a fourth defendant to the proceedings.