All Saints’ College had taken the family of the student to court to have outstanding school fees amounting to about $6000 paid in full.

But the family, who cannot be named, defended the removal of the student from the college, saying he had been subjected to violence and bullying.

The school’s solicitor Jarni Simpson tendered a comprehensive brief of evidence to support the school’s argument that it was entitled to the fees.

But the family’s solicitor – Paul Johnson, of Katoomba – said All Saints’ “failed in the duty of care owed to the student placed in school care to be educated”.

“The school did nothing,” Mr Johnson said.

“It didn’t protect the boy when it had a duty of care.

“This is a school that holds itself with the best of the best, when it’s not.

“If the court upholds this claim of the school, bullying will keep going on.

“This sort of thing has to be stamped out in our schools.”

Ms Simpson argued that Mr Hodgson should consider the written reports of staff at All Saints’ showing the school had a policy to deal with harassment and bullying and the matter of the student had been addressed.

Ms Simpson said the school did not dispute bullying of the student, but it did not agree with the extent of harassment as was claimed.

While Mr Hodgson said there was no dispute the student had been bullied, he was satisfied from reading documents from the school it had acted reasonably when it adopted its policy on bullying.

He said the school was entitled to the outstanding school fees that amounted to about $5000 with interest, GST and other costs.