Family wins new hearing against Roseville College after being sued over unpaid school fees Grant Mears leaves the NSW Supreme Court. THE parents of four girls sued for refusing to pay $20,533 in private school fees - after their eldest daughter got a lower than expected HSC result - have won the right to a new hearing. Grant and Gloria Mears were sued by Roseville College in 2007 for unpaid school fees. They cross-claimed, arguing they should not have to pay the bill because the school had not "provided the environment for learning" and "pastoral care" that his daughters were entitled to under the contract. The parents argued their eldest daughter under-performed in the 2006 HSC, while the other girls were withdrawn from the school that year because they had been subjected to bullying at the school, which they claimed was not addressed, leaving them in "an unsupportive and unsafe environment." The school claimed it needed one term's notice if parents wished to remove their children from the school or it would charge the parents half the school fees for that term. The Mears lost their case in 2011 after magistrate John Favretto ruled against them. Mr Favretto also refused the Mears leave to file a further cross claim of breach of contract and misleading and deceptive conduct against the school. The Mears appealed to the Supreme Court last year and yesterday Justice Peter Garling ruled "there must be a new trial" because Mr Mears was denied the right to argue a large part of his case about the school owing him a duty to provide the services he was paying for. "Mr and Mrs Mears did not have the opportunity of having a hearing on those matters," the judge said.