Metropolitan Petar & 1 Or v Macedonian Orthodox Community Church St Petka Incorporated & 7 Ors

This matter concerned an application for leave to appeal and an application for leave to cross-appeal, brought by the plaintiffs and the first to seventh defendants respectively, in proceedings before the New South Wales Court of Appeal. The dispute arose from declarations made by a trial judge.

The primary legal issues before the Court of Appeal were whether to grant the plaintiffs leave to appeal against the wording of certain declarations made by the trial judge, and whether the defendants' application for leave to cross-appeal was competent. The defendants' cross-appeal sought to challenge findings made by the trial judge within his reasons, rather than a final decision.

The Court of Appeal refused the plaintiffs' application for leave to appeal, determining that such an appeal would cause further delay and required consideration of the trial judge's findings based on evidence yet to be fully assessed. Regarding the defendants' application for leave to cross-appeal, the Court held that the findings they sought to challenge did not constitute "decisions" as understood by section 103 of the *Supreme Court Act 1970* (NSW), and therefore the application was incompetent. The Court applied the principles established in *National Employers Mutual General Insurance Association Limited v Manufacturers Mutual Insurance Limited* (1988) 17 NSWLR 223.

Consequently, the application for leave to cross-appeal was dismissed with costs. The sixth defendant was also prohibited from recourse to specific trust property for costs associated with that application. The plaintiffs' application for leave to appeal and the defendants' application to extend time for a cross-appeal as of right were stood over until after the final judgment of the trial, with costs reserved. The matter was remitted to the Chief Judge in Equity for practical arrangements concerning the future conduct of the trial.