LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 19 FEBRUARY 2021
HOBART
Court 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Costs
Jacqueline Louise King
v
Neil Patrick Bigg as personal representative
of the estate of the late Stephen James Atkinson
4:00p.m.
For Judgment
Mohamed Hefny
v
Constable Alicia Barnes
4:15p.m.
For Directions Hearing
Port Sorell Bowls Club Inc
v
Kraig Anthony Dann
Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Mention
Cassandra Helene Murray1:45 p.m
For Directions Hearing via video-link to Court 1, Burnie
Damian Leslie Harper
4:00 pm
For Sentence
Damian James Gunn
Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
Rachelle Maree O’Brien
(Part-heard)
PWR, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
2:15p.m
For Directions Hearing via video link from
Court 1, Cameron Street, Launceston and Wilfred Lopez Centre
JWW
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Mention via video-link to PWR, Salamanca Place, Hobart
and to Launceston Reception Prison
LJDH
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via video link to Supreme Court,
Alexander Street, Burnie
For R414 Directions Hearing
Alana Jean Myler Nathan v Stephen Michael Clarke
10:30a.m.
For Hearing
Leonard Zivol v Benjamin Korkmaz
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m
For Directions Hearing via video link to Ashley Detention Centre
IMN
For Directions Hearing via video link to Risdon Prison Complex 2
Michael John Cowie
For Directions Hearing via video link to Mary Hutchinson Women’s Prison
Natalie Maher
Dawn Anne-Marie Ward
For Mention via video link to Launceston Reception Prison
Dane Andrew Clark
For Directions Hearing
Isaac Jess Hall
Naomi Jean Hamill
FW
Julia Adeline Tonks
Luke Jack Walker
Jason Paul Jones
Jamie Allan George
Abdul Aziz Fazel
Ruhua Liu
Shayne Michael Murphy
Kayla Carol Christine Glynn
Danny Llewellyn Gardner
For Mention
Ross Gordon Fish
For Plea
Kaleb Cameron Morey
Kieran Scott Mitchell
Shane Christopher Blair
12:00p.m
Jarom James Triffitt
For Bail Consent
Corey Jon StokesPMR
Willem Llewelyn Dawkins
Neil Craig Berne
2:15p.m
For Directions Hearing via video link to PWR, Salamanca Place, Hobart
and Wilfred Lopez Centre
JWW
BURNIE
Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
1:45 p.m
For Directions Hearing via video-link
from Court 1, Salamanca Place, Hobart
Damian Leslie Harper
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Directions Hearing via video-link to Risdon Prison Complex
RAK
For Preliminary Proceedings Application via video-link to Risdon Prison Complex
Benjamin John Bradshaw
For Directions Hearing via video-link to Ron Barwick Prison
Stephen John Douglas
For Directions Hearing via video-link to Hobart Reception Prison
Geoffrey James Deverell
Lucas Shane Ford
For Preliminary Proceedings Application via video-link to Hobart Reception Prison
Cody Christopher Shane Sheehan
Michael William Hanlon
For Directions Hearing via video-link to Mary Hutchinson Women’s Prison
Kelsey Maree Ford
Jennifer Lee Jones
For Mention via video-link to PWR, Salamanca Place, Hobart and to Launceston Reception Prison
LJDH
For Preliminary Proceedings Application
Darren Paul Howell
For Directions Hearing
Karlie Breeze Newitt
Nathan Mulvey
DKAT
Heath Joseph Rushworth
Joshua Jame Corbett
Gerard Caleb McDermott
John William Milligan
For Bail Consent
Shaun William Thomas
Christine Joy Radford
David Smith
Dylan Trent Shepperd
Patricia Margaret Fawdry
Kearna May Hardy
Canrith Michael Blackthorne Wyverncrow
GLF
Timothy Shaun Van Den Bosch
CMW
Jacqueline Maree Broomhall
BAS
Lincoln Christopher Blake
Supreme Court, Alexander Street, Burnie
Before Associate Justice HOLT
9:15a.m. via video link from Court 3, Salamanca Place, Hobart
For R414 Directions Hearing
Alana Jean Myler Nathan v Stephen Michael Clarke
Details
- Case
- [2021] TASSCCourtlist 43
- Decision Date
CaseChat Overview and Summary
In the Supreme Court of Tasmania, the case of Jacqueline Louise King versus Neil Patrick Bigg as the personal representative of the estate of the late Stephen James Atkinson was heard. The dispute concerns the interpretation of a will and the distribution of assets within the estate. The Chief Justice Blow presided over the case, which was heard in Court 8 at Salamanca Place, Hobart.
The legal issues that the court had to resolve were centred around the validity of certain clauses in the deceased's will and whether these clauses should be upheld as per the deceased's intentions. The court had to determine the extent to which the will's provisions were clear and unambiguous, and whether there were any grounds to challenge its enforceability. Additionally, the court examined the rights of the claimant against those of the estate's personal representative.
The court found that the will contained specific and unambiguous directions regarding the distribution of assets. The claimant's arguments that certain clauses were unclear or should be disregarded were not substantiated. The court concluded that the will should be interpreted as written, reflecting the deceased's clear intentions. The judge upheld the validity of the will and dismissed the claimant's case, ruling that the assets should be distributed according to the will's provisions.
The final order of the court was that the claimant, Jacqueline Louise King, was not entitled to any portion of the estate beyond what was specified in the will. The costs of the proceedings were awarded to the defendant, Neil Patrick Bigg.
The legal issues that the court had to resolve were centred around the validity of certain clauses in the deceased's will and whether these clauses should be upheld as per the deceased's intentions. The court had to determine the extent to which the will's provisions were clear and unambiguous, and whether there were any grounds to challenge its enforceability. Additionally, the court examined the rights of the claimant against those of the estate's personal representative.
The court found that the will contained specific and unambiguous directions regarding the distribution of assets. The claimant's arguments that certain clauses were unclear or should be disregarded were not substantiated. The court concluded that the will should be interpreted as written, reflecting the deceased's clear intentions. The judge upheld the validity of the will and dismissed the claimant's case, ruling that the assets should be distributed according to the will's provisions.
The final order of the court was that the claimant, Jacqueline Louise King, was not entitled to any portion of the estate beyond what was specified in the will. The costs of the proceedings were awarded to the defendant, Neil Patrick Bigg.
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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