A mother yesterday won a two-year battle against a top Island private school.

For a judge ruled that Warwick's Montessori Academy was not entitled to demand a year's fees plus other costs -- a total of $7,300 -- after divorcee Ms.

Norma Nielsen withdrew her daughter from the school.

The Academy claimed that without a year's notice for Katrine, now aged eight, Ms. Nielsen would have to pay the school a year's fees.

But yesterday at Hamilton Magistrates' Court, Senior Magistrate the Wor.

William Francis kicked out the claim, saying the $500 deposit made when Katrine's mother signed her up for the school was sufficient compensation and awarded Ms. Neilsen costs.

After the brief hearing -- at which plaintiff Montessori Academy was not represented -- Ms. Neilsen said: "I'm very relieved it's all over.'' And she added: "I hope other Montessori parents and students will be relieved to know they don't have to go through this.'' The court heard that Ms. Neilson, herself a lawyer, withdrew her daughter from the school at the end of term in June 1993, when Katrine was six. She told them her daughter would not be returning for the new session in September.

Ms. Neilsen explained she was attracted by the Montessori method, which allows children to learn by themselves under a teacher's guidance, rather than by the traditional learning-by-rote method.

But Ms. Neilsen said after the court hearing that Katrine had not settled at the school and she decided to place her elsewhere. She added: "For some children, the Montessori method works really well and that's no problem. But others need the structure of a traditional approach and Katrine is one of these.'' Ms. Neilsen notified the school that she was taking Katrine away from the school and agreed to forfeit her $500 deposit.

But she was stunned when the school took her to court to demand a year's fees and a 33 per cent collection charge as well.

Mr. Francis was told that Ms. Neilsen had checked other Island private schools and none insisted on a year's tuition if a child was withdrawn, although some retained a deposit.

Ms. Neilsen's lawyer added: "Montessori Academy had a waiting list of people to get in that fall, so they couldn't lose.'' Deciding for the defendant, Mr. Francis said: "It all comes down to whether there was a breach of contract or not and whether notice of cancellation proved unreasonable in that the plaintiff was entitled to retain the deposit and and claim the year's tuition.

"We are talking about agreed damages, which is the $500 deposit. The case is dismissed.'' The row started under then-headmaster Mr. Gil Guiliani, who left the school and the Island in June. The new head, Mr. Gordon Maas, declined to comment last night.