Perreira instituted action on behalf of her daughter who was living with HIV, alleging that her daughter had been discriminated against by Buccleuch Montessori school after they refused to enrol her. At dispute was whether the application for admission was solely rejected due to the child’s HIV status. The school conceded that it had recommended the application be deferred until the school was ready to admit HIV positive children and until the child was "past the biting stage".

The High Court held that the school’s refusal did not constitute a final decision and thus dismissed the application with costs. The Court did note that had the school discriminated against the child based on her HIV status, such action would have been unconstitutional.

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