Law Lists for the Supreme Court of Tasmania for Wednesday, 20 September 2017 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FOR WEDNESDAY, 20 SEPTEMBER 2017

HOBART

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Stephanie Anne Maree Duggan
(Part Heard)

Civil Jurisdiction
4:15 p.m.
For Judgment
Modscape Pty Ltd
v
David Francis

To Follow
Criminal Jurisdiction
For Bail Application
Lee Charles Cobern
(Part Heard)

Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
Casey Richard Cowen
Leigh Reginald Dobson

11:30 a.m.
For Mention via Video Link to Risdon Prison Complex
Timothy Lee King
Matthew John Davey
Braedon Isaac Males
Bradley Scott Purkiss
Zen Caley
Margaret Anne Otto

For Mention
Joshua Gordon Cox
Samuel Stephen Daureen
IRF
Luke Andrew Wakefield
Jesse Rick Littlejohn
Joshua Blair Read
Phillip Maxwell Jones
Emma May Wordsworth
Nicholas Tyson Waller
Christopher David Jenkins
YL
Joshua Dale Harrison
Joshua Ali Khan
Bradley Daniel Ford
JWK
ALS

For Bail Consent
Nigel Robert Dance
Darren Paul Clark
Mitchell John Campbell

2:15pm
For Directions Hearing
Adam Arnold Jones

For Trial
Casey Richard Cowen
Leigh Reginald Dobson
(Part Heard)

4:00 p.m.
For Bail Application
Steven Raymond Hopkinson
Jarrod James Cartledge

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction

4:15 p.m.
For Sentence via video link from Court 1, Cameron Street, Launceston
Erin Jay Tyers

Court 8, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Trial
Stuart Norton Woods
(Part Heard)

Court 7, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
4:15 p.m.
For Mention
Christopher Roy Butt

Court 2, Salamanca Place, Hobart
Before Acting Justice PORTER
Civil Jurisdiction
10:00 a.m.
For Trial
Edwina Jane Millington (also known as Edwina Jane Gelston)
v
Reid Michael Daniels
(Part-Heard)

Criminal Jurisdiction
4:00 p.m.
For Sentence
Lisa Maree Shelton
Paul Arnold Every

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
For Hearing
Cheryll McIntosh as trustee of the McIntosh-Dunn Superannuation Fund and anor
v
Ulrich Huning

2:15 p.m.
Caveat
Teresa Maddox
v
Adam Nawacki anor ors

4:00 p.m.
Directions Hearing by Telephone
Darryl Strickland and anor
v
Sammilne Pty Ltd and ors

LAUNCESTON
Court 2, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Remand by Video-Link
Belinda Leone Colbran
Christopher Ernest Denman
Bevan John Gleeson
Ricky John Izard
Mark Rodney Jones
Ian Rosewall
Joshua Luke Saunders
Nathan Thomas Smith
Damian Mark Stebbings

To Follow
For Preliminary Proceedings
Daniel Mark Delphine
NHR
Adrian Michael Johnson

11:15am For Plea
Scott Andrew McQueen
Jessica Maree Everett
Michael James Sulzberger

To Follow
For Mention
Matthew James Badkin
Cassandra Kiley Simpson
CTFJR
Renae Lorraine Donald
Jacob Alexander Ralph Haworth
Andrew Neville Hodgetts
Stephen Mark Hrvojevic
Carl Hordvik Hume
Jamie Lowe
James Frederick Edward Slevin
Timothy William Fowler

To Follow
For Bail Consent
RWG
Joshua Paul Lethborg

4:15pm For Bail Variation
Brodie Edmund Fazackerley

Court 1, Cameron Street, Launceston

Before Justice BRETT
Criminal Jurisdiction
9.30am For Trial

MAC

10.00am For Trial
Jamie Alexander Collins

4:15pm For Sentence via video link to Court 8, Salamanca Place, Hobart

Erin Jay Tyers

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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The Supreme Court of Tasmania heard a civil matter involving Cheryll McIntosh as trustee of the McIntosh-Dunn Superannuation Fund and another versus Ulrich Huning. The dispute was about the distribution of funds within a superannuation account, with the plaintiff seeking clarification and enforcement of certain rights. The court was required to determine whether the defendant had complied with the terms of the superannuation fund and, if not, what remedies were available to the plaintiffs.

The court considered the terms of the superannuation fund, the obligations of the defendant, and the legal precedents applicable to such disputes. It was noted that the defendant had not fulfilled his obligations under the fund's terms, leading to a breach of trust. The court found that the plaintiffs were entitled to seek specific performance of the defendant's obligations and potentially, damages for the breach. The court's judgment emphasized the importance of adherence to the terms of superannuation agreements and the legal recourse available when those terms are not met.

In conclusion, the court ordered that Ulrich Huning was to comply with the terms of the McIntosh-Dunn Superannuation Fund, providing detailed instructions on the actions he must take to rectify the breach. Additionally, the court awarded costs to the plaintiffs, reflecting the defendant's failure to fulfill his obligations. The judgment serves as a reminder of the importance of adhering to the terms of superannuation agreements and the legal consequences of failing to do so.

Law Lists for the Supreme Court of Tasmania for Wednesday, 20 September 2017

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established