KLEWER v. THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF LISMORE [2005] NSWSC 773

New South Wales Supreme Court

CITATION : KLEWER v. THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF LISMORE [2005] NSWSC 773

HEARING DATE(S) : 28 and 29 April 2005, 2 and 3 May 2005

JUDGMENT DATE : 3 August 2005

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Verdict and judgment in favour of the defendant. Plaintiff to pay the defendant's costs.

BP Refinery (Westernport) Pty. Limited v. Shire of Hastings (1977) 180 CLR 266 CASES CITED : Codelfa Construction Pty. Limited v. State Rail Authority of New South Wales (1981-82) 149 CLR 337

KLEWER, Lucy v. PARTIES : THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF LISMORE

FILE NUMBER(S) : SC 20543 of 2001

Plaintiff: In person COUNSEL : Defendant: P. See

Plaintiff: In person SOLICITORS : Defendant: Hannigans

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HALL, J.

WEDNESDAY 3 AUGUST 2005

No. 20543 of 2001

LUCY KLEWER v. THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF LISMORE

JUDGMENT 1 HIS HONOUR: These proceedings are brought and are entitled as proceedings by Lucy Klewer on behalf of her children, Robert Klewer, Laura Klewer and Ryan Klewer, against the Trustees of the Roman Catholic Church for the Diocese of Lismore. I will refer to Lucy Klewer as "the plaintiff", notwithstanding that the proceedings are said to be brought on behalf of the three children An issue was raised at the outset of the hearing as to whether the proceedings were properly constituted and, in particular, whether the plaintiff sued in her own right and/or as tutor to the three children. Ultimately, no issue was taken by the defendant on this aspect.. She proceeds by way of an amended statement of claim filed on 2 July 2002 and is self-represented in these proceedings. 2 The plaintiff is the mother of seven children. The claim is brought by the plaintiff on the basis of a breach of a contract by the defendant in respect of contracts that applied to the school enrolment of Robert, Laura and Ryan Klewer. The contracts the subject of the claim, are that said to be evidenced by a document entitled "Year 2001 School Fee Payment Terms and Conditions" issued by the Parish Schools Board in Coffs Harbour. The Parish Schools Board administers school fees for four Catholic schools in Coffs Harbour and Sawtell. The plaintiff claims that the contract was breached by the defendant when it terminated the enrolment of her children Robert and Laura from John Paul College in Coffs Harbour and her son Ryan from St. Augustine's Primary School in Coffs Harbour. The plaintiff claims that, as a result of the alleged breaches of contract, her children have suffered loss and damage. During the proceedings the plaintiff sought to amend her statement of claim on the basis that there was also a breach of duty of care under the general law. 3 The terms of the proposed amendment are set out in a document marked MFI 4. That document records, in essence, the following:-