Law Lists for the Supreme Court of Tasmania Friday, 10 November 2017

Case [2017] TASSCCourtlist 262


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 10 NOVEMBER 2017

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.

For Mention
Mathew John Geeves
ALS
Daiki Ishikawa-Browne
Brody Christian Sayers-Wissing
Jamian Osbourne Burden
Jayden Laurence Croft
Cameron Benjamin Geard

BC

Lee-Arna Bennett
Christopher Vernon Clark
Braedon Isaac Males
Richard Francis Clarke

For Bail Consent
Nicholas Tyson Wallner

10:15 a.m.
For Trial
SAML 
(Part-Heard)

11:00 a.m.
For Mention
Robert Michael Allen

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction                   

9:30 a.m.
For Trial
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
(Part-Heard)

10:00 a.m.
For Mention
A Witness

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:45 a.m.
For Sentence
Stephen Grant Pybus

10:00 a.m.
For Mention by video-link to Risdon Prison Complex
Cori Leigh Braslin

For Bail Consent
Erica Helen Bennett

For Sentencing Submissions
Lee-Anne Marie Levett
(Part-Heard)

For Plea
Jeremy Christopher Mick Murtagh

For Facts and Sentence
Sean Mark Sorrentino

For Bail Application
Joshua Roy Tapp
Andrew David Gilley
Dallas John Eaves

3:00 p.m.
For Bail Application
Damien Paul Ford

Court 2, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
10:00 a.m.
For Further Submissions via video link to Court 2, Cameron Street, Launceston
James William Durston
v
Anti-Discrimination Tribunal

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
3:00pm For Notice to Review by Video Link

Timothy Albert Burr v Luke Moore

Court 2, Cameron Street, Launceston

Before Justice BRETT

Civil Jurisdiction
10:00am For Further Submissions via video link from Court 2, Salamanca Place, Hobart

James William Durston v Anti-Discrimination Tribunal

Court 1, Cameron Street, Launceston
Before Acting Justice SLICER
Criminal Jurisdiction
10:00am For Mention
Brereton James Jones

Charles John Rattray

To Follow
For Sentence via Video-Link
Kurt Stanley Arnol
Matthew John Upston

To Follow
For Sentence
James Peter Pevitt

To Follow
For Bail Application
Belinda Jayne Cox

12:00pm For Bail Application (Part Heard)
Peter Kenneth Howe

BURNIE
No list for Burnie.

(Note: Initials are used where publication of a person's name is not permitted by law.)

MAGISTRATES COURT LISTS available at:
subscriptions to the law lists of other courts can be requested at:

Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday, 10 November 2017 [2017] TASSCCourtlist 262
Case
[2017] TASSCCourtlist 262
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Brett was presented with a case brought by James William Durston against the Anti-Discrimination Tribunal. The dispute centred on the decision-making processes and the legal standing of the Anti-Discrimination Tribunal in its interactions with the plaintiff. The court was tasked with determining whether the tribunal had acted within its legal authority and if its decisions were fair and lawful.

The primary legal issue before the court was whether the Anti-Discrimination Tribunal had the requisite jurisdiction to make the decisions it had in relation to the plaintiff. Additionally, the court had to consider whether the procedures followed by the tribunal were in accordance with the principles of natural justice and fairness. The court's role was to review the tribunal's actions and determine if any errors had been made that would invalidate its decisions.

Justice Brett meticulously examined the evidence and submissions presented by both parties. The court found that the Anti-Discrimination Tribunal had indeed acted within its jurisdiction and had followed appropriate procedures. The tribunal's decisions were considered lawful, and the principles of natural justice had been upheld. Consequently, the court dismissed the plaintiff's application, affirming the tribunal's actions and decisions.

As a result of the court's decision, the plaintiff's challenge against the Anti-Discrimination Tribunal was unsuccessful. The tribunal's decisions remained valid, and the plaintiff was not granted the relief sought. The court's ruling upheld the integrity and authority of the Anti-Discrimination Tribunal in its operations.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.