Mears v Sydney Anglican Schools Corporation

The applicant, Mears, sought leave to appeal interlocutory orders made by the District Court of New South Wales that refused to permit a belated amendment of pleadings. The respondent was the Sydney Anglican Schools Corporation.

The central legal issue before the Court of Appeal was whether the District Court erred in refusing the amendment, particularly in light of the applicant's alleged ill health at the time of the hearing in the primary court. The Court was also required to consider whether to permit the introduction of further evidence on appeal.

Basten JA and Sackville AJA dismissed the motion to call further evidence, finding the evidence inadequate to warrant appellate intervention. Their Honours noted that no application had been made to the trial court to reopen the matter, and crucially, no draft pleading was available to demonstrate the proposed amendment. The Court applied the principle that appellate intervention in interlocutory decisions is exceptional and requires a strong case, which was not made out here.

Consequently, the application for leave to appeal from the interlocutory orders of the District Court was refused.