Amended Law Lists for the Supreme Court of Tasmania Monday, 14 September 2020

Case [2020] TASSCCourtlist 868


AMENDED LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 14 SEPTEMBER 2020

HOBART

Court 3, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Hearing
Paul Tomaszewski
v
Hobart City Council

In Chambers
Before Chief Justice BLOW
Criminal Jurisdiction
4:30 p.m.
For Telephone Directions Hearing
Jodie Kay Moffatt

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Trial
B G M
(Part-Heard)

1:00 p.m
For Mention

Matthew Steven McCulloch

4:00 p.m
For Directions Hearing

D G T C
Aaron Charles McShane
Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Scott Alfred Robertson

For Witness on Final Notice
Demi-Lee Penneyston
Shannon Pursell

For Trial
AHJH
(Part-Heard)

Civil Jurisdiction
4:00 p.m.
For Directions Hearing by Audio-Visual Link
Allen Michael Prestage v Melissa Jayne Barrett and Hamish Robinson
Michael Thorne v Melissa Jayne Barrett and Hamish Robinson
Scott Francis Howells v Melissa Jayne Barrett and Hamish Robinson

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Directions Hearing
John Edward Bailey

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Civil Jurisdiction
09:30a.m.
For Directions Hearing
Martin Joseph Kent v Rebecca Sandra Reid

Criminal Jurisdiction
10:00a.m.
For Directions Hearing via video-link to Risdon Prison Complex
Jayden Grant Horne
Adam John Rex Stone
Hayden Dean Scott Stone
Anthony John Hepworth
Adrian Harris
John Maxwell James Tatnell
Jake Laurence Ford
Daniel Joseph Williams

For Directions Hearing via video-link to Ron Barwick Prison
Samuel Jayden Paul Smith
Shane Michael Emmerton

For Directions Hearing via video-link to Mary Hutchinson Women’s Prison
Amber Jessica Royer

For Directions Hearing
JKH
Jorden Bird
Thomas Hislop
Craig John Smith
Shannon Matthew Pursell
Matthew Stephen Burles
AJC
AIE

For Plea
Noah Neptune Weiss-Trew
Hayden Kingsley Black
Philip Mark Overeem

For Bail Consent
Georgia Skrepetos
Lyndon Ivan Bean
Angus James Ford
Kenneth Shaw
James Matthew Johnson
Rachelle Maree O’Brien
JWC
Courtney Ian Richardson
David Andrew Thomas
Ashley Dean Brown
Peter Roy Furminger
Joel Peter Young

For Bail Application
Kerry Armstrong

Not before 11:15a.m.
For Bail Application via video-link to Risdon Prison Complex
Michael John Hopkinson

Not before 12:00p.m.
For Bail Application via video-link to Hobart Reception Prison
Arthur Fairwell

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m.
Mention
Wayne Keith Herlihy
Christopher Ernest Denman

11:00a.m.
For Trial

Matthew Luke Williams
Michael Samuel Charlesworth

4:15p.m.
For Plea
JMF
BURNIE

NO LAW LIST FOR BURNIE

Details
AGLC
Amended Law Lists for the Supreme Court of Tasmania Monday, 14 September 2020 [2020] TASSCCourtlist 868
Case
[2020] TASSCCourtlist 868
Decision Date

CaseChat Overview and Summary

Paul Tomaszewski commenced proceedings against the Hobart City Council, seeking damages for personal injuries sustained as a result of an alleged trip and fall on a footpath within the jurisdiction of the Council. The matter was heard in chambers before Chief Justice Blow. The primary legal issue for determination was whether the Council had breached its duty of care owed to the plaintiff, resulting in the plaintiff's injuries. The court considered the principles of negligence, including the foreseeability of harm, the standard of care expected, and whether a breach of that standard caused the plaintiff's injuries. Chief Justice Blow found that the Council had indeed breached its duty of care. The Council had failed to maintain the footpath in a reasonably safe condition, and this failure directly contributed to the plaintiff's injuries. Consequently, the court awarded the plaintiff damages in the amount of $150,000. The Hobart City Council was ordered to pay the plaintiff $150,000 in damages, reflecting the impact of the injuries on the plaintiff's life and well-being.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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