Sydney Anglican Schools Corporation t/as Roseville College v Mears

Judgment

1. Grant and Gloria Mears are sued by the Sydney Anglican Schools Corporation trading as Roseville College ("the school") for unpaid fees arising from the attendance of their daughters at Roseville College up until 2007.
2. Mr Mears, who is self-represented, seeks to cross‑claim against the school and against its counsellor, Helen Firbank, in relation to the services provided by the school. The cross‑claim also includes a claim against the State of New South Wales for licensing Roseville College as an educational institution.
3. The causes of action underlying the claims against Mrs Firbank and the State of New South Wales are not disclosed in any properly pleaded cross‑claim.
4. Mr Mears filed a notice of motion on 13 July 2015 seeking orders in 14 paragraphs, although during the early part of the hearing today he submitted that the only matters he was prepared to deal with today were paras 8 and 9 of that notice of motion. After further submissions, he accepted that he could also deal with para 13.
5. Paragraphs 8, 9 and 13 are in the following terms: "8 Leave to join as a party to the proceedings the STATE OF NSW, as: the BOARD OF STUDIES NSW (BOS) as it formerly existed at material times, in its current form as the Board of Studies Teaching and Educational Standards NSW (BOSTES). 9 Leave to join as a party to the proceedings Mrs HELEN DAPHNE FIRBANK, a registered psychologist, school teacher and school counsellor at material times. … 13 Leave, in accord with orders and leave sought elsewhere hereinto, to accordingly and correspondingly amend the re-instated cross‑claim." [Emphasis in original].
6. The reinstated cross‑claim referred to in para 13 does not make reference to Mrs Firbank or the State of New South Wales. The purpose of the amendment mentioned in para 13 is to make a claim against them.
7. On 28 July 2015, Elkaim SC DCJ made orders in the following terms: "1. The Notice of Motion filed by the defendants on 13 July 2015 is to be treated as a Notice of Motion seeking leave to join the State of New South Wales and Ms Helen Firbank as cross-defendants and leave to file a Cross-Claim against the plaintiff. 2. The defendants are to serve a proposed Cross-Claim on the plaintiff and the two proposed cross-defendants by 25 September 2015. 3. The defendants are to serve any affidavit evidence in support of the Notice of Motion including affidavit evidence concerning the limitation period by 25 September 2015. 4. The plaintiff and the proposed cross-defendants are to serve any evidence in reply by 9 October 2015. 5. The defendants' Notice of Motion referred to in Order 1 is set down for hearing on 23 October 2015. …"