Law Lists for the Supreme Court of Tasmania, Friday, 23 March 2018

Case [2018] TASSCCourtlist 367


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 23 MARCH 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
9:30 a.m.
For Trial
Matthew John Davey
Dillon Anthony Davey
Scott Raymond Dale
(Part Heard)

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
9:30 a.m.
For Trial
ES     
(Part-Heard)

10:00 a.m.
For Bail Consent 
Scott Andrew Cripps

For Trial
DFP   
(Part-Heard)

Court 8, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
4:15 p.m.
For Sentence
S

Court 2, Salamanca Place, Hobart
Before Acting Justice Marshall
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via Video-Link
to Risdon Prison Complex
James Stephen William Russon
Nicholas Aaron Scott
Zachary Saul Syme
Shane Phillip West

For Mention via Video-Link
to Mary Hutchins Women’s Prison
Barbara Ann Kelty

For Directions Hearing
Christopher Richard Stevenson
Dallas John Eaves 
Kaiden Adam Croft
Jye David Cowen
Zeb Haas

For Mention
Jennifer Anne Hindle
Mitchell John Campbell
Desiree Josephine Hunt
Luke Arthur Waddell-Smith
Justin Richard Maynard
Dwight Stanley Murtagh

For Bail Variation Application
Daniel John Oakley

For Preliminary Proceedings Application
Cameron James Riley

For Plea
Jesse Leigh Fletcher-Jones
Brodie Norman Barwick

For Facts and Sentence
Stephen John Gleeson

For Bail Application
Samuel Kenneth Joe Morley
Bradley Abel

Not Before 11:00am
For Bail Application
Tim Pithouse

Court 1, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
10:00 a.m.
For Trial
Brocklands Pty Ltd
v
Tasmanian Networks Pty Ltd
(Part-Heard)

Criminal Jurisdiction
4:15 p.m.
For Bail Application

Kyam Keith Broadby

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Mention
Cody James Lee
Troy Anton Lovell

To Follow
For Plea
Christopher Ernest Denman

2:00pm For Bail Variation
Stephen Williams

3:00pm For Directions Hearing
Troy Anton Lovell

BURNIE

Court 1, Alexander Street, Burnie
Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.
For Mention
Brody Mykel Maisey

For Trial

Nathan Gregory Coppleman

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

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Details
AGLC
Law Lists for the Supreme Court of Tasmania, Friday, 23 March 2018 [2018] TASSCCourtlist 367
Case
[2018] TASSCCourtlist 367
Decision Date

CaseChat Overview and Summary

The case of Brocklands Pty Ltd v Tasmanian Networks Pty Ltd was heard in the Supreme Court of Tasmania. The dispute arose from a contract for the construction of a communications tower, with Brocklands Pty Ltd being the principal contractor and Tasmanian Networks Pty Ltd the client. The case was heard before Justice GeASON in the civil jurisdiction, marking it as a civil matter. The primary legal issues revolved around the terms of the contract, the adequacy of the work performed, and the responsibility for defects in the completed tower.

Justice GeASON examined the contractual obligations of both parties, focusing on the scope of work, the quality standards stipulated, and the remedies available for breaches. The court considered whether Brocklands Pty Ltd had fulfilled its contractual obligations and whether Tasmanian Networks Pty Ltd had provided adequate support and cooperation. The decision also involved assessing the impact of unforeseen circumstances and whether any adjustments to the contract were justified.

After a thorough analysis of the evidence and legal principles, Justice GeASON concluded that Brocklands Pty Ltd had not fully met its contractual obligations, leading to a partial breach. The court held that Tasmanian Networks Pty Ltd was entitled to compensation for the deficiencies in the work performed. The judgment detailed the specific areas where Brocklands Pty Ltd fell short and quantified the financial remedy. The court ordered Brocklands Pty Ltd to pay damages to Tasmanian Networks Pty Ltd, reflecting the cost of rectifying the defects and any other related expenses.

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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