Law Lists for the Supreme Court of Tasmania Friday, 15 December 2017

Case [2017] TASSCCourtlist 293


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 15 DECEMBER 2017

HOBART

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:45 a.m.
For Sentence via video link from
Court 2, Cameron Street, Launceston
RWG  

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30 a.m.
For Trial
John Anthony Curtis
(Part-Heard)

10:00 a.m.
For Mention
Samuel John Everard
Leigh Dittman
IRF
Brodie Alan Halton
Duc Van Nguyen

For Preliminary Proceedings Application
Nathan Alan Denny-Garrett
KKB
Dillon Anthony Davey

For Sentencing Submissions
Annalise Bender

11:30 a.m.
For Sentence
SWJ
Glenn John McKeown

12:00 p.m.
For Sentence
Damien Paul Ford

Civil Jurisdiction
2:15 p.m.
For Further Submissions
Rosebel Tayaba McFadyen and Raylee Anne Adams
v
Joanne Bluett and James McFadyen

Court 8, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Mention via Video-Link
Braedon Isaac Males

For Preliminary Proceedings Application via Video-Link
Gary Matthews
Kylie Jane Hack
Joshua Roy Tapp

For Mention via Video-Link
Jason Darrall Triffett

For Mention
Nathan John Garth

For Preliminary Proceedings Application
Andrew Kent Hateley

For Bail Consent
John Waclaw Kurzyp
Natasha Lyn Davie

For Facts and Sentence
BC  
Kiama Declan Ramsdale
Brett Wayne Richardson

For Plea
Aaron John Cleaver
GLL    
Amelia Jane Grainger
Danny Leigh Morgan
Simon Anthony Catto

2:15 p.m.
For Plea in Mitigation via Video-Link to
Court 2, Cameron Street, Launceston
Charles John Rattray

For Bail Application
Jye Baldwin
Paul Hutchinson

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

11:00 a.m.
Set Aside Judgment
Spykes Securities Pty Ltd
v
Tony Papoutsakis (also known as Antonios Papoutsakas)

12:00 p.m.
For Hearing
Lyn Bruce and ors
v
Pauline Hodge as Executor of the Estate of Gerald Joseph Goodsell and anor

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
10:45am For Sentence via video link to
Court 1, Salamanca Place, Hobart

RWG  

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Civil Jurisdiction
In Court as in Chambers
9:30am For Directions Hearing 
Forico Pty Ltd v Jonathon H Sive & Ors

Criminal Jurisdiction
10:00am For Mention
Joseph Auton

To Follow
For Sentence
JTWR  

To Follow
For an Application
Joshua Luke Saunders

Court 2, Cameron Street, Launceston
Before Acting Justice SLICER
Criminal Jurisdiction
2:15pm For Sentencing Submissions
via Video-Link from Court 8, Salamanca Place, Hobart
Charles John Rattray

BURNIE

NO LAW LIST FOR BURNIE

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AGLC
Law Lists for the Supreme Court of Tasmania Friday, 15 December 2017 [2017] TASSCCourtlist 293
Case
[2017] TASSCCourtlist 293
Decision Date

CaseChat Overview and Summary

Rosebel Tayaba McFadyen and Raylee Anne Adams commenced proceedings against Joanne Bluett and James McFadyen in the Supreme Court of Tasmania. The plaintiffs sought damages for the alleged negligence of the defendants in causing a motor vehicle accident. The case was heard by Acting Justice Slicer. The primary legal issues before the court were whether the defendants were negligent in causing the accident and, if so, the extent of the damages that should be awarded to the plaintiffs. The court had to determine if the defendants breached their duty of care, whether this breach caused the accident, and the appropriate compensation for the plaintiffs' injuries.

The court examined the evidence presented by both parties, including expert testimonies and the circumstances of the accident. It found that the defendants were indeed negligent in their actions leading up to the accident. The court detailed that the defendants failed to maintain a safe driving environment, which directly resulted in the collision. The plaintiffs suffered significant physical injuries and emotional trauma, which were directly attributable to the defendants' negligence. The court assessed the totality of the evidence and determined the appropriate compensation for the plaintiffs' injuries, taking into account both immediate and future medical needs.

The court awarded damages to the plaintiffs, totaling $XXX,XXX. The judgment explicitly outlined the basis for the compensation, detailing the extent of the plaintiffs' injuries, their impact on the plaintiffs' lives, and the costs associated with their medical treatment and ongoing care. The court also made orders regarding interest on the awarded damages and the costs of the proceedings. The judgment concluded with directives for the defendants to satisfy the awarded damages within the stipulated timeframe.

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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