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What amounts to exceptional circumstances for the purposes of granting a permanent stay?

On 14 June 2022, the NSW Court of Appeal delivered judgment in the matter of Smith v The Council of Trinity Grammar School[2022] NSWCA 93 (‘Smith’). The Court dismissed Mr Smith’s application for leave to appeal a first instance decision, which granted the Council of Trinity Grammar School (‘The Council’) a permanent stay of the proceedings.   In examining the primary Judge’s decision, the Court of Appeal has provided further clarity as to what amounts to exceptional circumstances for the purposes of granting a permanent stay in historical abuse claims, and also the current position of the Court regarding permanent stays in the context of recent case law.

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