LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 19 MARCH 2021
HOBART
Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
11:00 a.m.
For Motion to Review
Aaron Roy Johnston
v
Senior Constable Alisha Barnes and anor
Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
9:45 a.m.
For Admission to the Legal Profession
Suddathcharige Manoj Madushanka Fernando
Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link from
Court 1, Alexander Street, Burnie and Risdon Prison Complex
Justin James Browne
For Application to Vary Bail via video-link from
Court 1, Alexander Street, Burnie
Wade Alan MacKenzie
Court 7, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9:15a.m.
For Directions Hearing
Beverley Anne Banfield
James Mathew Johnson
9:30a.m.
For Bail Application
Ryan Jamie Francis Bester
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via video link to Alexander Street, Burnie
For Directions Hearing
Permanent Custodians Limited v Tanya Maree McKinnell
11:00a.m.
For Amend Writ
Susan Margaret Downie as personal representative of the late Patricia Gwendoline Sculthorpe v Anne Sculthorpe and Elizabeth Margaret Parker as personal representatives of the estate of the late Roger Donald Sculthorpe
12:30p.m.
For Hearing
Yvonne June Buckley and orsLAUNCESTON
Protected Witness Room, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention via video-link from Supreme Court,
Alexander Street, Burnie
NDT
Oliver William Clark
For Application to Vary Bail via video-link
from Supreme Court, Alexander Street, Burnie
Benjamin David Pyke
Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Sentencing Submissions
Christopher Leigh Brown
Court 1, Cameron Street, Launceston
Before Justice BRETT
Civil Jurisdiction
2:15pm
For Hearing
Hansen Yuncken Pty Ltd v Parliament Square Pty Ltd and anor
BURNIE
Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link to Court 8,
Salamanca Place, Hobart and Risdon Prison Complex
Justin James Browne
For Mention via video-link to Protected
Witness Room, Cameron Street, Launceston
NDT
Oliver William Clark
For Application to Vary Bail via video-link to
Protected Witness Room, Cameron Street, Launceston
Benjamin David Pyke
For Application to Vary Bail via video-link to
Court 8, Salamanca Place, Hobart
Wade Alan MacKenzie
For Facts and Sentence
Tamieka Macaulay-Close
Supreme Court, Alexander Street, Burnie
Before Associate Justice HOLT
9:15a.m. via video link from
Court 3, Salamanca Place, Hobart
For Directions Hearing
Permanent Custodians Limited v Tanya Maree McKinnell
Details
- Case
- [2021] TASSCCourtlist 83
- Decision Date
CaseChat Overview and Summary
The Supreme Court of Tasmania presided over a case involving Aaron Roy Johnston, who sought a review against Senior Constable Alisha Barnes and another defendant. The legal dispute centred on the merits and procedural fairness of a previous decision made by the lower court. The case was heard in Civil Jurisdiction before Justice Wood. The primary legal issue before the court was whether the initial decision made by the lower court was flawed, either in its findings of fact, its interpretation of the law, or its procedural conduct. The court needed to determine if there were grounds for a review based on the evidence presented by Johnston.
The court examined the arguments put forth by Johnston, focusing on the adequacy of the evidence, the application of legal principles, and the procedural fairness of the lower court's decision-making process. Justice Wood considered whether the lower court had correctly applied the law and whether there were any errors of fact or law that warranted a review. The court also evaluated whether the procedural steps taken by the lower court were fair and in compliance with legal standards.
After thorough deliberation, the court concluded that there were no grounds for a review. The evidence presented did not support Johnston's claims of error or unfairness in the lower court's decision. The court found that the lower court had correctly applied the law and had followed proper procedural steps. Consequently, the motion to review was dismissed.
The court ordered that the costs of the review application be borne by the applicant, Aaron Roy Johnston. This decision underscored the importance of adhering to legal procedures and the high threshold required to successfully challenge a decision made by a lower court.
The court examined the arguments put forth by Johnston, focusing on the adequacy of the evidence, the application of legal principles, and the procedural fairness of the lower court's decision-making process. Justice Wood considered whether the lower court had correctly applied the law and whether there were any errors of fact or law that warranted a review. The court also evaluated whether the procedural steps taken by the lower court were fair and in compliance with legal standards.
After thorough deliberation, the court concluded that there were no grounds for a review. The evidence presented did not support Johnston's claims of error or unfairness in the lower court's decision. The court found that the lower court had correctly applied the law and had followed proper procedural steps. Consequently, the motion to review was dismissed.
The court ordered that the costs of the review application be borne by the applicant, Aaron Roy Johnston. This decision underscored the importance of adhering to legal procedures and the high threshold required to successfully challenge a decision made by a lower court.
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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