Smith v The Council of Trinity Grammar School [2022] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Smith v The Council of Trinity Grammar School [2022] NSWCA 93 Hearing dates: 9 June 2022 Decision date: 14 June 2022 Before: Gleeson JA; Leeming JA Decision: Application for leave to appeal dismissed, with costs. Catchwords: CIVIL PROCEDURE – application for permanent stay of proceedings seeking damages for alleged sexual assault in 1981 – alleged perpetrator died before defendant on notice of any allegation – no other witnesses to assaults – many critical witnesses deceased or unavailable – absence of documents – no basis for grant of leave to appeal from grant of permanent stay Legislation Cited: Church of England (Bodies Corporate) Act 1938 (NSW), s 4(3) Limitation Act 1969 (NSW), s 6A Cases Cited: Cox v Journeaux (No 2) (1935) 52 CLR 713; [1935] HCA 48 GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2021] NSWSC 1204 Macedonian Church v Eminence Petar (2008) 237 CLR 66; [2008] HCA 42 Moubarak bht Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102 Smith v The Council of Trinity Grammar School [2021] NSWSC 1592 The Council of Trinity Grammar School v Anderson (2019) 101 NSWLR 762; [2019] NSWCA 292 The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 Category: Principal judgment Parties: Andrew Smith (Applicant) The Council of Trinity Grammar School (Respondent) Representation: Counsel: J Sheller SC, G Bateman (Applicant) N Hutley SC, J Sleight, E Dunlop (Respondent)