Coffey v Sydney Church of England Grammar School [2023] NSWSC 672

Supreme Court New South Wales

Medium Neutral Citation: Coffey v Sydney Church of England Grammar School [2023] NSWSC 672 Hearing dates: 02 June 2023 Date of orders: 02 June 2023 Decision date: 02 June 2023 Jurisdiction: Common Law Before: Garling J Decision: See [23] Catchwords: CIVIL PROCEDURE — hearings — adjournment — where previously unrepresented plaintiff has now the benefit of pro bono legal representation — where new legal team seek to conduct further investigations before trial — adjournment granted Legislation Cited: Not Applicable Cases Cited: Coffey v Sydney Church of England Grammar School [2022] NSWSC 1293 Texts Cited: Not Applicable Category: Procedural rulings Parties: Andrew Coffey (P) Sydney Church of England Grammar (D) Representation: Counsel: P O'Brien (P) S Alcarraz (D)

Solicitors: O'Brien Solicitors (P) Dentons Australia Pty Ltd (D) File Number(s): 2021/190223 Publication restriction: Not Applicable

EX TEMPORE JUDGMENT 1. This is an application by the plaintiff, Mr Andrew Coffey, to vacate the hearing of these proceedings which is presently fixed for 17 July 2023.

Background 1. This matter commenced in 2021. For a considerable period starting in 2022, and up until recently, the plaintiff was representing himself. Earlier this year, whilst he was representing himself, the Court fixed the proceedings for hearing commencing on 17 July 2023, with an estimate of five days. 2. The proceedings had previously been fixed for a hearing commencing on 17 October 2022. On 23 September 2022, I vacated that hearing date: see Coffey v Sydney Church of England Grammar School [2022] NSWSC 1293. 3. The plaintiff brings the proceedings against the institution legally responsible for the Sydney Church of England Grammar School. The plaintiff alleges that in 1974 he was subjected to sexual and physical abuse by a teacher at the school. The defendant has always made it plain that its defence to the proceedings is that the abuse alleged by the plaintiff did not occur on the date and at the time alleged by the plaintiff, or in the period alleged by the plaintiff, or at all.