Mitreski v His Eminence Metropolitan Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand

[2009] NSWCA 319

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. Appeals
2. › leave to appeal - appeal from determination of separate questions
3. › full disposition of hearing of first instance trial before exercise of the appellate jurisdiction
1. PROCEDURE - judgments and orders - effect of judgments - determination of separate questions - whether reasons of trial judge went beyond scope of separate questions
2. › whether reasons foreclosed issues in the proceedings
3. › whether failure to afford procedural fairness
4. › answers given to separate questions do not preclude any aspect of further hearing at first instance
1. PROCEDURE - judgments and orders - effect of judgments - determination of separate questions - whether trial judge failed to answer many of the questions placed before him in the separate issues
2. › unanswered questions remain live in the litigation at first instance
3. › no need to invoke the appellate jurisdiction
1. APPEALS - application for leave to cross-appeal
2. › revival of application previously dismissed by Court of Appeal
3. › previous orders and declarations - whether orders and declarations below interlocutory
4. › relevance of evidence for rest of hearing
5. › whether answers to questions will preclude evidence being led