Cranbrook School v Donald Herbert Wylie & Joy Rosalind Wylie

The Supreme Court of New South Wales, Court of Appeal, heard an appeal concerning a dispute between Cranbrook School and the respondents, Donald Herbert Wylie and Joy Rosalind Wylie. The core of the disagreement revolved around the School's claim for outstanding school fees and associated charges, which the Wylies had failed to pay. The School sought to recover these amounts, while the Wylies raised defences to their liability.

The primary legal issues before the Court of Appeal were whether the Wylies were liable for the outstanding school fees and charges, and if so, the extent of that liability. This involved an examination of the contractual relationship between the parties, the terms of the enrolment agreement, and any defences that might have been available to the Wylies, such as alleged breaches of contract by the School or issues relating to the provision of education.

The Court of Appeal considered the terms of the enrolment agreement and found that the Wylies had entered into a binding contract with the School for the education of their children. The Court determined that the defences raised by the Wylies were not made out. Specifically, the Court found that the School had substantially performed its obligations under the agreement and that the Wylies remained liable for the fees as stipulated. The Court applied principles of contract law, focusing on the formation of the agreement, the obligations of the parties, and the consequences of non-performance.

The Court of Appeal allowed the appeal, setting aside the orders of the primary judge and ordering that the Wylies pay the outstanding school fees and charges to Cranbrook School, along with the School's costs of the appeal.