Law Lists for the Supreme Court of Tasmania Friday, 14 October 2016

Case [2016] TASSCCourtlist 222


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 14 OCTOBER 2016

HOBART
Court 1, Salamanca Place, Hobart
before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Jane Ellen Gluschke
(Part Heard)

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Bail Consent
Martin Allen Baker

For Mention
Pauline Joy Woolley

For Directions Hearing
Jamie Leigh Feil
Michelle Lee Arnott

10:15 a.m.
For Trial
Kellan Daniel Stewart Moran
(Part-Heard)

Not Before 12:00 p.m.
For Hearing
Hendrik Dikkenberg

2:15 p.m.
For Bail Application
Renee Paula Trojan

Court 8, Salamanca Place 
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Tristan Jacob Hinds
Sean Patrick Mahoney
Hock Leong Chia
Heath Lance Chatters

For Sentence
Luke Richard Hawkes

For Trial 
TGW
(Part Heard)

4:00 p.m.
For Bail Application
Michael John Dale

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

11:00 a.m.
Amend Proceedings
Diane Rae and ors
v
Alan Irish

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice TENNENT
Criminal Jurisdiction

10:00am For Mention by Video-Link

CB

To Follow

For Mention

A Witness

To Follow

For Bail Application

Jay Allen Charles Reed

To Follow

For Trial (Part Heard)

Jason Edward Richards

BURNIE

Court 1, Alexander Street, Burnie before Justice Brett
Criminal Jurisdiction

10:00 a.m.
For Mention by Video Link
Skye Lee Dittman
Brady Christopher Oates

For Application
Tristan Michael Daly
JTE

Civil Jurisdiction
For Application
Simon James Balfour

Criminal Jurisdiction
For Plea
Jessica Jean Streets
James Wiki
Stephen Thomas Heath
TMW

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

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday, 14 October 2016 [2016] TASSCCourtlist 222
Case
[2016] TASSCCourtlist 222
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a case was heard by Justice Estow involving a dispute between Diane Rae and others and Alan Irish. The plaintiffs sought an amendment to the proceedings, likely to correct or add details to their claims against the defendant. The nature of the dispute is not explicitly stated, but it involves civil litigation where the plaintiffs are seeking changes to the legal action they have taken against the defendant.

The legal issue before the court was whether the plaintiffs' request to amend the proceedings was justified and in accordance with the rules of court. This involves a consideration of whether the amendment would significantly alter the case or if it is merely a clarification or correction that does not prejudice the defendant's right to a fair trial. The court had to determine if the amendment was procedurally proper and if it served a legitimate purpose in the interest of justice.

Justice Estow ruled that the amendment to the proceedings was appropriate, as it did not introduce new claims or significantly alter the existing ones. The court found that the amendment was necessary for the proper administration of justice and did not prejudice the defendant. Therefore, the court granted the plaintiffs' request to amend the proceedings, ensuring that the litigation could proceed with the necessary adjustments to the claims made.

The final order of the court was that the plaintiffs' application to amend the proceedings was successful. This means that the court allowed the changes to be made to the legal documents, and the case could continue with the amended claims as presented by the plaintiffs. The decision ensures that the litigation process can proceed without unnecessary delays and with the correct legal framework in place.

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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