Mears v Sydney Anglican Schools Corporation [2013] NSWSC 535

Supreme Court New South Wales

Medium Neutral Citation: Mears v Sydney Anglican Schools Corporation [2013] NSWSC 535 Hearing dates: 03/12/2012 Decision date: 17 May 2013 Jurisdiction: Common Law Before: Garling J Decision: 1.Appeal allowed. 2.On or before 31 May 2013, Mr and Mrs Mears are to file in Court, and serve on the solicitors for Roseville College short minutes of order setting out the relief for which they contend. 3.On or before 14 June 2013, Roseville College is to file in Court and serve on Mr and Mrs Mears short minutes of order setting out the relief for which they contend. 4.Proceedings are listed before me for final determination of which orders may be appropriate at 9.30am on 21 June 2013. 5.Costs reserved until 21 June 2013. Catchwords: APPEAL FROM LOCAL COURT - appeal against decision on grounds of denial of procedural fairness - whether mistakenly leading the appellant to believe the existence of a state of affairs is a failure to provide procedural fairness -- no explanation of res judicata or the risk of issue estoppel - proper role of a presiding judicial officer - what relief is appropriate - no point of principle Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Civil Procedure Act 2005 Corporations Act 2001 Education Act 2000 Education Act 2005 (Cth) Fair Trading Act 1987 Local Courts Act 2007 Schools Assistance (Learning Together - Achievement through Choice and Opportunity) Act 2004 (Cth) Trade Practices Act 1974 (Cth) Cases Cited: AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175; MacPherson v The Queen [1981] HCA 46; (1981) 147 CLR 512; Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589; Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82; Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141; Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Procedural and other rulings Parties: Grant Mears (P1) Gloria Mears (P2) Sydney Anglican Schools Corporation (D) Representation: Counsel: G Curtin SC / K James (P1 & P2) J Needham SC / F.F.F. Salama (D) Solicitors: In Person (P1 & P2) Heidtmans Lawyers (D) File Number(s): 2011/301412