LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 2 FEBRUARY 2017
AMENDED LIST FOR HOBART
HOBART
Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Damien Paul Ford
For Trial
Damian D’Ettorre
4:00 p.m.
For Plea
Dee-Jay Feil
Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Mention by Video Link
EMB
For Mention
Mark William Eather
David Wilhelm Chrusciel
For Breach Application
Logan Kele Smith
For Plea
Zachery Saul Syme
Jack William Court
Benjamin Robert Joseph
Jason Scott Hinds
Stephen Douglas Walker
Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
2:15 p.m.
For Costs Application
John Fuglsang Developments Pty Ltd and
Salamanca Inn Holdings Pty Ltd
v
Hobart City Council and Sultan Holdings Pty Ltd
Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
In Court as In Chambers
10:00 a.m.
For Application
Chambers Matter
Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4.00 p.m.
For Sentence
Blake Cameron McPherson
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Launceston
Miscellaneous Civil Business
11:30 a.m.
For Hearing
Westpac Banking Corporation
v
Jillian Saltmarsh and anor
Michael Saltmarsh and anor
v
Westpac Banking Corporation
4:00 p.m.
Directions Hearing by Telephone
K & J West Holdings Pty Ltd
v
F W Loughlin Trnasport Pty Ltd
4:15 p.m.
Directions Hearing by Telephone
Julie Wiggins
v
Public Trustee as Administrator of the Estate
of the late Roger William Tapping
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:30am For Trial (Part-Heard)
Stephanie Peta Fleming
10:00am For Mention
A Witness
A Witness
To Follow
For Plea
Corey Mitchell Gesler
Conniey Rea Riley
Joshua Raymond Smith
BURNIE
No list for Burnie.
(Note: Initials are used where publication of a person's name is not permitted by law.)
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- Amended Law Lists for the Supreme Court of Tasmania Thursday, 2 February 2017 [2017] TASSCCourtlist 24
- Case
- [2017] TASSCCourtlist 24
- Decision Date
CaseChat Overview and Summary
Justice Wood considered the submissions from both parties and the relevant legal principles governing costs in civil litigation. The court noted that costs are generally awarded in favour of the prevailing party, but this is not an absolute rule. The court also took into account the conduct of the parties during the proceedings, including whether any party acted unreasonably or without merit. After weighing the arguments and evidence, the court found that the applicants were entitled to an order for costs against the respondents.
The court ordered that the respondents, Hobart City Council and Sultan Holdings Pty Ltd, pay the applicants' costs of the proceedings, to be assessed on the standard basis if not agreed upon by the parties within 14 days. The court also noted that the respondents could apply to have the costs assessed on an indemnity basis if they could demonstrate that the applicants' conduct warranted such an order. This decision provides clarity on the costs entitlement in this particular case and sets a precedent for similar cases in the future.
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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