Law Lists for the Supreme Court of Tasmania, Friday, 22 November 2019

Case [2019] TASSCCourtlist 206

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 22 NOVEMBER 2019

HOBART

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
For Hearing via video-link to Court 2, Launceston
Sven Olaf Gunnarsson-Wiener
v
Lyndon Iles (Department of Primary Industries, Parks, Water & Environment)

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30a.m.
For Directions Hearing
Jamie Trevor Rex Tunks

For Trial (part-heard)
JAGD

10:00a.m.
For Directions Hearing
Desiree Evans

For Trial
Terrence James Burn
Ned Phillip Lang

2:00p.m.
For Directions Hearing
Dirk Perry Fulton
David Tony Carver

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Trial
RUB
(Part-Heard)

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Via video link to Supreme Court, Alexander Street, Burnie
9.15 am
Dawn Vallance v Arvind Dubey
Directions hearing

Gerry Anderson v R J Construction Services No 2 Pty Ltd
Set aside judgment

J & Anor v Brent Wilson
Directions hearing

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice WOOD
Civil Jurisdiction
10.00a.m.
For Hearing via video-link from Court 2, Hobart
Sven Olaf Gunnarsson-Wiener
v
Lyndon Iles (Department of Primary Industries, Parks, Water & Environment)

Friday, 22 November 2019
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m.
For Trial
DJB (part-heard)

To Follow:
For Directions Hearing Via Video Link
Ivan James Bailey          Matthew John Cameron
Nathan Scott Davidson

For Remand
Curtly Hodge

For Directions Hearing   James Michael Fitch

For Bail Application and Directions Hearing
Luke Anthony Shaw

For Mention
Rick Keith Gesler      
Dennis Colin Coleman
Danny Llewellyn Gardner
Jacob Douglas George
Cade Geordie Haines
Jesse Elijah     Hall
Russell Peter Haworth
Stacey Dawn Lambert
Paul Thomas Marshall
Kevin Peter     Mcintosh
Wayne Gregory Pattison
Joshua Brian Smith
Ricky Lee Smith-Towns
Renae May      Watts

For Plea
Katrina Gail Chick (Richards)
Madelon Lili   Pace

For Bail Consent
Gavin Thomas Midson
Alanya Joy White

2.15pm
For Mention via Video Link
Monique Gracen Lester

For Sentence
Caine Robert Richardson
Melanie Bartush        

BURNIE
Court 1, Alexander Street, BurnieBefore Justice GEASONCriminal Jurisdiction9:30 a.m.
For Plea
Alanya Joy White

Supreme Court, Alexander Street, Burnie
Via video link from Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9.15 am
Dawn Vallance v Arvind Dubey
Directions hearing

Gerry Anderson v R J Construction Services No 2 Pty Ltd
Set aside judgment

J & Anor v Brent Wilson
Directions hearing

Details
AGLC
Law Lists for the Supreme Court of Tasmania, Friday, 22 November 2019 [2019] TASSCCourtlist 206
Case
[2019] TASSCCourtlist 206
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Wood heard a civil case involving Sven Olaf Gunnarsson-Wiener suing Lyndon Iles, representing the Department of Primary Industries, Parks, Water & Environment. The dispute centred on an issue of statutory interpretation and administrative law, specifically whether the Department's actions in relation to a land use permit were lawful. The court had to determine the correct interpretation of the relevant statutory provisions and whether the Department's decision was legally sound and procedurally fair.

The court examined the statutory language and relevant case law to ascertain the legislative intent behind the provisions. It also considered whether the Department had adhered to procedural fairness in making its decision. Justice Wood concluded that the Department's interpretation of the statute was flawed, and that their decision was not only incorrect but also failed to meet the requirements of procedural fairness. Consequently, the court ruled in favour of the plaintiff, finding that the Department's actions were unlawful.

As a result of the court's decision, the Department's decision was quashed, and the matter was remitted back to the Department for reconsideration in light of the court's findings. The plaintiff was awarded costs of the proceedings. This case underscores the importance of careful statutory interpretation and adherence to procedural fairness in administrative decision-making.

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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