Recent Cases

Smith v The Council of Trinity Grammar School [2022] NSWCA 93 (14 June 2022) (Gleeson and Leeming JJA)


CIVIL PROCEDURE – application for permanent stay of proceedings seeking damages for alleged sexual assault in 1981 – alleged perpetrator died before defendant on notice of any allegation – no other witnesses to assaults – many critical witnesses deceased or unavailable – absence of documents – no basis for grant of leave to appeal from grant of permanent stay