Law Lists for the Supreme Court of Tasmania Friday, 20 July 2018

Case [2018] TASSCCourtlist 459

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 20 JULY 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Bail Application
Denis Dennison

2:15 p.m.
For Bail Application
Carley Watkins

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

11:00 a.m. by video link to Burnie
Strike out Statement of Claim
Suzanne Jayne Horton
v
Tony Constantine Patinotis

2:15 p.m.
Extend Time
Mary Khoury
v
Ardex Australia Pty Limited and ors

LAUNCESTON

NO LAW LIST FOR LAUNCESTON

BURNIE

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

11:00 a.m. by video link to Burnie
From Court 3, Salamanca Place, Hobart
Strike out Statement of Claim
Suzanne Jayne Horton
v

Tony Constantine Patinotis

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

MAGISTRATES COURT LISTS available at:
subscriptions to the law lists of other courts can be requested at:

Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday, 20 July 2018 [2018] TASSCCourtlist 459
Case
[2018] TASSCCourtlist 459
Decision Date

CaseChat Overview and Summary

Suzanne Jayne Horton commenced proceedings against Tony Constantine Patinotis seeking damages for personal injury and loss. The matter was listed before Associate Justice Holt in the Supreme Court of Tasmania for a strike out application. The legal issue before the court was whether the Statement of Claim disclosed a cause of action that could succeed. Justice Holt considered the content of the Statement of Claim and the applicable legal principles. The court held that the claim was not legally tenable as the evidence presented was insufficient to support the allegations. Justice Holt found that the claim was an abuse of process and accordingly struck it out pursuant to rule 19.11 of the Supreme Court Civil Procedure Rules 2009. The orders made were that the claim be struck out and the plaintiff bear the defendant's costs of the application.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.