Law Lists for the Supreme Court of Tasmania, Friday, 11 May 2018

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 11 MAY 2018

HOBART

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

For Trial
Rianna Rochelle Lumley

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction
9:30 a.m.
For Directions Hearing by video link to Risdon Prison Complex
Paul Wayne Simpson

For Directions Hearing
MDR

10:00 a.m.
For Mention by video link to Risdon Prison Complex
Justin Cleaver

For Trial

Robert Michael Allen

(Part-Heard)

Court 2, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via video-link to Risdon Prison Complex
Timothy Lee King
Braedon Isaac Males

For Directions Hearing
Zeb Haas
Shannon Myree Arnold
Emma May Wordsworth

Casey Therese Howlett

For Bail Consent
Joel James Lorkin

For Preliminary Proceedings Application
RDA
Ricky Damien Brown
Jamie Michael Clark

For Sentence
Christopher Kenneth Cook

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Disputed Facts Hearing
Richard Francis Clarke
Jason Samuel McCormick

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
4:15 p.m.
For Judgment
Bryden Homes Pty Ltd
v
Tasbuild Limited

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Burnie
Miscellaneous Civil Business

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:45am For Mention
Clinton Charles Wilson

To Follow
For Preliminary Proceedings Application
KPM

10:00am For Bail Consent
Jason Graham Thomas

To Follow
For Trial
Harley James Wilmot

4:00pm For Sentence
CH
Robert Oswen Tyler

BURNIE

NO LAW LIST FOR BURNIE

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

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CaseChat Overview and Summary

The case of Bryden Homes Pty Ltd v Tasbuild Limited was heard in the Supreme Court of Tasmania by Justice Wood. The nature of the dispute was a civil matter concerning alleged breaches of contract and construction defects in a property development project. The parties involved were Bryden Homes Pty Ltd, the plaintiff, and Tasbuild Limited, the defendant.

The legal issues before the court included the interpretation of contractual terms, the identification of any breaches of contract, and the assessment of damages, if any, resulting from those breaches. The plaintiff, Bryden Homes, argued that Tasbuild had failed to deliver the property in a fit and proper condition as per the contract terms. Conversely, Tasbuild contended that any issues were either not their responsibility or were within the allowable tolerances stipulated in the contract.

Justice Wood examined the contractual documents and the evidence presented by both parties. The court found that Tasbuild had indeed breached several clauses of the contract by failing to meet the specified standards of workmanship. The defects identified were not minor and significantly impacted the usability and safety of the property. Consequently, the court ruled in favor of Bryden Homes, awarding damages for the breach of contract and ordered Tasbuild to rectify the defects at their expense.

The final orders of the court included the awarding of damages to Bryden Homes for the cost of rectification of the defects, additional costs incurred due to the delays, and a sum for the diminution in value of the property. Tasbuild was also directed to complete the necessary repairs within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established