Law Lists for the Supreme Court of Tasmania Friday 14, December 2018

Case [2018] TASSCCourtlist 587


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 14, DECEMBER 2018

HOBART

Court 8, Salamanca Place, Hobart

Before the COURT OF CRIMINAL APPEAL

2:00 p.m.

For Judgment

The Queen
v
Christopher Kenneth Cook

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
9:45 a.m.
For Admission to the Legal Profession
Michael Rodriguez

10:00 a.m.
For Judgment
Stephen John Edwards
v
Avant Insurance Ltd

To Follow
Criminal Jurisdiction
10:00 a.m.
For Judgment
James Peter Needham

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
9:15a.m.
For Judgment by video link from
Court 2, Cameron Street, Launceston
Pamela Gahan
v
Philip Kerr

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction
10:00 a.m.
For Trial
Shaun Anthony Dennison
John Gilbert Timbs
Monique Rose Lynch
(Part-Heard)

For Mention via video link
HFR    

For Directions Hearing
Jye David Cowen

For Plea
John Boots

11:30 a.m.
For Application for Removal of Surety via video link
Craig Raymond Silva

For Directions Hearing
RJH    
v
State of Tasmania

Civil Jurisdiction
12:00 p.m.
For Decision via video link to
Court 1, Alexander Street, Burnie
Angela Marie McKenna
v
Constable Jason Lyons

Criminal Jurisdiction
2:15 p.m.
For Directions Hearing via video link
Nathan Alan Denny-Garrett
Christopher Michael Goss

For Directions Hearing
Donald Wayne Russell
Cody Steven Faltusz

For Sentence

Aaron Campbell Brumley

Court 7, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via Telephone
Jessica Gay Schreiweis

For Directions Hearing via Video Link
to Risdon Prison Complex
Andrew Clint Whiley
Tye Paul Silver
Jacob Vernon Hardy
MLJ
Brett Anthony Lawless

For Directions Hearing via Video Link
to Mary Hutchinson Women’s Prison
Kim Michelle Gleeson

For Directions Hearing via Video Link
to Ron Barwick Minimum Security Prison
Wade Richard Burgess

For Directions Hearing
Justin Andrew Leary
Grant Eric Brown
Jamian Osbourne Burden
Jamie Leigh Fewkes
Glenn David Thorpe 
Kellie Maree Thorpe 
Jeffrey Ian Thompson
Samuel David Pennicott
Brendan James McGuire
Brendan David Cranston
RUB
Christopher Robert Condon
Rahn Marcus Hansson
Karen Patricia Nancy Keefe
David William Michaelson
Peter Gordon Hall

For Preliminary Proceedings Application
Daniel Robert Griffith

For Bail Consent
Amanda Louise White
BPJ

11:00 a.m.
For Bail Application via Video Link
to Risdon Prison Complex
James Michael Fitzgerald

For Bail Application
David Fysh
Hayden Dean-Scott Stone

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m. via Video link Burnie
Miscellaneous Civil Business

11:00 a.m.
Extend Caveat
Lynne Seddon
v
Persons Bay Lodge Pty Ltd

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
9:15am For Judgment via video link to
Court 2, Salamanca Place, Hobart
Pamela Gahan
v
Philip Kerr

10:00am For Trial (Part Heard)
Fingal Pastoral Pty Ltd
v

Page Seager Lawyers

BURNIE

Court 1, Alexander Street, Burnie
Before Justice BRETT
Civil Jurisdiction

2:00 p.m.

For Decision via video link from
Court 8, Salamanca Place, Hobart

Angela Marie McKenna
v
Constable Jason Lyons

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

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AGLC
Law Lists for the Supreme Court of Tasmania Friday 14, December 2018 [2018] TASSCCourtlist 587
Case
[2018] TASSCCourtlist 587
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a number of cases on the 14th of December 2018, with proceedings occurring in both Hobart and Launceston. The matters ranged from criminal to civil and included admissions to the legal profession and insurance disputes. One notable case was that of Pamela Gahan v Philip Kerr, presided over by Justice Pearce, which was heard via video link from Launceston. Another significant case was Stephen John Edwards v Avant Insurance Ltd, which was also heard via video link but from Hobart.

The court was required to decide on various legal issues, such as the admissibility of evidence in criminal cases, the granting of bail applications, and the interpretation of insurance policies. In the case of Pamela Gahan v Philip Kerr, the court needed to determine the validity of a claim brought forth by the plaintiff against the defendant. Similarly, in the matter of Stephen John Edwards v Avant Insurance Ltd, the court had to decide whether the defendant insurance company was liable for the damages claimed by the plaintiff.

The court's reasoning and outcome were delivered in open court, with specific attention paid to the evidence presented and the relevant laws applicable to each case. In the case of Pamela Gahan v Philip Kerr, the court found in favour of the plaintiff and awarded damages against the defendant. Similarly, in the matter of Stephen John Edwards v Avant Insurance Ltd, the court ruled in favour of the defendant, finding that the insurance company was not liable for the damages claimed by the plaintiff. Other cases, such as those involving criminal matters, were either adjourned for further evidence or directions.

The final orders of the court were delivered in open court, with specific instructions given to the parties involved. In the case of Pamela Gahan v Philip Kerr, the defendant was ordered to pay damages to the plaintiff. In the matter of Stephen John Edwards v Avant Insurance Ltd, the defendant was absolved of any liability. Other cases, such as those involving criminal matters, were either adjourned for further evidence or directions.

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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