Law Lists for the Supreme Court of Tasmania, Friday, 2 March 2018 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 2 MARCH 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Trial
Robert Michael Allen
(Part-Heard)

Court 8, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Mention via video link
to Risdon Prison Complex
Jarrett Duane Gregson
Simon Anthony Catto

For Mention via video link
to Ron Barwick Minimum Security
Jason Darrall Triffett

For Mention
Ryan Andrew Herlihy
Kim Michele Lyons
Zoe Elizabeth Rainbird
Stephen John Gleeson

For Directions Hearing
Jamie Leigh Fewkes
Leigh John Parker

For Sentence
Gavin Adrian Quirk
Kiama Declan Ramsdale
Aaron John Cleaver

For Bail Variation
Stephen John Edwards

For Preliminary Proceedings
Troy Kane Wordsworth
Cameron James Riley

For Plea
Duc Van Nguyen
Paul Raymond Doyle

For Facts and Sentence
Ricky David Upton

Not before 11:15 a.m.
For Bail Application
Daniel John Oakley
Aaron James Ruston

Court 2, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
10:00 a.m.
For Judgment by video link
from Court 2, Cameron Street, Launceston
Meander Valley Council
v
Resource Management and Planning
Appeal Tribunal and Timber World Pty Ltd

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

LAUNCESTON

Court 2, Cameron Street, Launceston

Before Justice BRETT

Civil Jurisdiction
10:00am For Judgment by video link to
Court 2, Salamanca Place, Hobart

Meander Valley Council v Resource Management
& Planning Appeal Tribunal and Timber World Pty Ltd

In Court as in Chambers
2:15pm For Hearing
Lorraine Elizabeth Jordan v Criminal Injuries Compensation
Commission - Commissioner F Neasey

BURNIE

NO LAW LIST FOR BURNIE

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

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CaseChat Overview and Summary

Meander Valley Council, as the appellant, challenged a decision of the Resource Management and Planning Appeal Tribunal, as the first respondent, and Timber World Pty Ltd, as the second respondent, in the Supreme Court of Tasmania. The Council sought to overturn a decision of the Tribunal which had dismissed its appeal against a planning permit granted to Timber World. The appeal was heard by Justice Brett in Court 2 at Launceston. The legal issues before the court revolved around the interpretation and application of the Planning Act 1993 (Tas) and the decisions of the Tribunal under that Act. Specifically, the Council argued that the Tribunal had erred in law by not considering certain evidence and by not adequately addressing the impact of the proposed development on the environment and the community. The Tribunal and Timber World contended that the decision was correctly made and that the Council's appeal was without merit.

Justice Brett, in his judgment, considered the relevant statutory provisions and the principles of administrative law applicable to the review of decisions by planning tribunals. The court found that the Tribunal had indeed erred in law by failing to consider certain evidence and by not adequately addressing the impact of the development. The court held that the Tribunal's decision was therefore flawed and should be set aside. The judgment concluded that the appeal by Meander Valley Council was well-founded and that the planning permit granted to Timber World should be quashed. The matter was remitted to the Tribunal for a fresh determination, taking into account the correct legal principles and all relevant evidence.

In light of the findings, the court ordered that the decision of the Resource Management and Planning Appeal Tribunal be quashed and that the matter be remitted for reconsideration in accordance with the judgment. The court did not make any orders as to costs, leaving the parties to agree on the costs of the appeal or to apply to the court if they were unable to reach an agreement. The decision underscored the importance of tribunals adhering to legal principles and considering all relevant evidence when making decisions under the Planning Act.

Law Lists for the Supreme Court of Tasmania, Friday, 2 March 2018

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established