Mears v Sydney Anglican Schools Corporation [2016] NSWCA 159

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mears v Sydney Anglican Schools Corporation [2016] NSWCA 159 Hearing dates: 1 July 2016 Decision date: 01 July 2016 Before: Basten JA at [1] and [25]; Sackville AJA at [23] Decision: (1) Dismiss the motion to call further evidence.

(2) Refuse the application for leave to appeal from interlocutory orders made in the District Court. Catchwords: PRACTICE AND PROCEDURE – appeal – interlocutory orders refusing belated amendment of pleading – applicant said to be unwell at time of hearing – no application to trial court to reopen – no draft pleading available – evidence inadequate to warrant appellate intervention Legislation Cited: Civil Liability Act 2002 (NSW), Part 5 Cases Cited: Mears v Sydney Anglican Schools Corporation [2013] NSWSC 535 Mears v Sydney Anglican Schools (No 2) [2013] NSWSC 876 Category: Procedural and other rulings Parties: Grant Mears (First Applicant) Gloria Mears (Second Applicant) Sydney Anglican Schools Corporation t/as Roseville College (First Respondent) State of New South Wales (Second Respondent) Helen Daphne Firbank (Third Respondent) Representation: Counsel: Mr Mears for the Applicants Mr F F F Salama (First Respondent) Mr G J Sarginson (Second Respondent) Ms C O Gleeson (Third Respondent)

Solicitors: AM Legal Solutions Pty Ltd (First Respondent) Lea Armstrong, Crown Solicitor NSW (Second Respondent) Mervyn Finlay, Thorburn & Marshall (Third Respondent) File Number(s): 2015/378516 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: Sydney Anglican Schools Corporation t/as Roseville College v Mears [2015] NSWDC 348 Date of Decision: 26 November 2015 Before: Taylor SC DCJ File Number(s): 2007/308335