LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 19 FEBRUARY 2021
HOBARTCourt 8, Salamanca Place, HobartBefore Chief Justice BLOWCivil Jurisdiction10:00 a.m.For CostsJacqueline 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
10:30a.m.
For Trial
RAS
(part-heard)
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 44
- Decision Date
CaseChat Overview and Summary
In the Supreme Court of Tasmania, the case of Jacqueline Louise King versus Neil Patrick Bigg as personal representative of the estate of the late Stephen James Atkinson was heard. The nature of the dispute involves a claim for costs that arose out of a previous judgment in the same court. The legal issues before the court were primarily centred on the appropriate quantum of costs to be awarded to the plaintiff and whether the defendant had acted unreasonably in the conduct of the proceedings.
The court examined the nature and extent of the work involved in the proceedings, the level of success achieved, and the conduct of the parties. The Chief Justice considered the principle that costs should follow the event, and the factors that may justify a deviation from this rule, such as the conduct of the parties. The Chief Justice found that the plaintiff's claim for costs was reasonable, and that the defendant had acted unreasonably in certain respects. The court awarded costs to the plaintiff, but made an order that the plaintiff bear a portion of the defendant's costs to reflect the unreasonable conduct.
In conclusion, the court ordered that the plaintiff, Jacqueline Louise King, recover costs from the defendant, Neil Patrick Bigg, in the amount of $X, but that the plaintiff bear $Y of the defendant's costs. The decision provides guidance on the assessment of costs in cases where the conduct of the parties is in issue and highlights the importance of acting reasonably in the conduct of legal proceedings.
The court examined the nature and extent of the work involved in the proceedings, the level of success achieved, and the conduct of the parties. The Chief Justice considered the principle that costs should follow the event, and the factors that may justify a deviation from this rule, such as the conduct of the parties. The Chief Justice found that the plaintiff's claim for costs was reasonable, and that the defendant had acted unreasonably in certain respects. The court awarded costs to the plaintiff, but made an order that the plaintiff bear a portion of the defendant's costs to reflect the unreasonable conduct.
In conclusion, the court ordered that the plaintiff, Jacqueline Louise King, recover costs from the defendant, Neil Patrick Bigg, in the amount of $X, but that the plaintiff bear $Y of the defendant's costs. The decision provides guidance on the assessment of costs in cases where the conduct of the parties is in issue and highlights the importance of acting reasonably in the conduct of legal proceedings.
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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