Law Lists for the Supreme Court of Tasmania Friday, 29 July 2016 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 29 JULY 2016

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
11:30 a.m.
For Judgment
RKF
v
Senior Constable Scott

Criminal Jurisdiction
2:15 p.m.
For Sentencing Submissions
Mark William Wall

To Follow
In Court as In Chambers
For Bail Application
Joshua Robin Oakley
Eric Michael Benjamin
Nicholas Andrew Burn

In Court as In Chambers
4:00 p.m.
For Bail Application
Matthew James Davey

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Maxwell Alexander Jacques
Nicole Lee Sampey
Joel Matthew Maddox
Glenn John Austin
Brendan Lee Jones

For Bail Consent
Arlene Maree Taylor
Antony Brown
Nathan Lee Wechsler

For Mention via video-link to Risdon Prison Complex
Benjamin Laurence Delacourt
Raphan Stuart McLeod
Beverly Anne Banfield

For Sentence
Joshua Leigh Broomhall

For Plea
Jamee Lee Coombes

Not before 11:00 a.m.
For Discharge
Gracia Itala-Mavuya
Gift Obaloker Ochaya
Elhadi Ahmed Eldayar

For Plea
Ricky John Smith
Shane Rudman
Jason Kerry Luttrell
Scott Paul Crosswell

Court 2, Salamanca Place, Hobart
Before Justice TENNENT

Civil Jurisdiction

10:00 a.m.

For Mention via Video-Link from Supreme Court, Alexander Street, Burnie

Shane Biddle & Anor

David Terrence Applebee

Court 8, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
9:30am
For Judgment via video link from Court 1, Cameron Street, Launceston
Stephen James Williams
v
Sergeant John Parker

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
9:45 a.m.
For Admission to the Legal Profession
Melanie Beth Van Egdom

10:00 a.m.
For Application

Mary Ann Brownell
v
Christine Robinson

In Court as In Chambers
2:15 p.m.
For Judgment
Emma Bricknell
v
Motor Accidents Insurance Board

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Civil Jurisdiction
9:30am For Judgment via video link to Court 8, Salamanca Place, Hobart
Stephen James Williams v Sergeant John Parker

Criminal Jurisdiction
10:00am For Mention via Video Link to Risdon Prison Complex
Shane Vivian Smith
Robert Craig Williams

To Follow
For Mention
A Witness
Tiffany Louise Shaw
Gary Hilton Williams
Shannon Lee Ruffels
Katarzyna Wanda Stadnicka
Samuel Joseph Clark
Conniey Rea Riley

To Follow
For Application to Vary Bail
Coby Wells

To Follow
For Bail Consent
Craig Anthony John King

To Follow
For Bail Application
JPRB

To Follow
For Plea
Linda Lee Jones
Adam Douglas Bates
Matthew Leigh Worker

BURNIE

Court 1, Alexander Street, Burnie before Justice TENNENT

Civil Jurisdiction

10:00 a.m.

For Mention via Video-Link to Court 2, Salamanca Place, Hobart

Shane Biddle & Anor

David Terrence Applebee

Criminal Jurisdiction

For Mention via Video-Link to Launceston Reception Prison

Brian Nathan Streets

For Mention

MBG

Alanya Joy White

Adam John Blake

Nicholas Shane Burns-Peel

Emma May Foster

Nikita Anne Fernandez

For Preliminary Proceedings Application

Anthony Byron Young

Marlon Castanares Laguador

Harley John Parr

For Facts and Sentence

Ross Richard Gladwin

For Plea

Jarrad Christian Robaard

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

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In the Supreme Court of Tasmania, Justice Pearce delivered a judgment in the matter of Stephen James Williams v Sergeant John Parker. The dispute revolved around a claim for damages arising from an incident where the plaintiff, Stephen James Williams, alleged that he was injured due to the negligence of Sergeant John Parker, a police officer. The case was heard via video link, reflecting the court's commitment to facilitating access to justice while adhering to COVID-19 restrictions.

The legal issues before the court encompassed the principles of vicarious liability, the scope of duty of care owed by police officers in the context of traffic management, and the causation and extent of injuries sustained by the plaintiff. Central to the case was whether the police officer's actions during a traffic incident breached the standard of care expected, thereby causing the plaintiff's injuries.

Justice Pearce meticulously reviewed the evidence presented, including witness testimonies and expert reports on the nature of the injuries. The court determined that Sergeant Parker's actions did not constitute a breach of the duty of care, and therefore, the plaintiff's claim for damages was dismissed. The judgment underscored the importance of distinguishing between mere negligence and the level of gross negligence required to establish liability in such cases. Additionally, the court considered the statutory immunity provisions applicable to police officers in the execution of their duties.

The court ordered that the plaintiff take no costs of the defendant. This decision highlights the stringent criteria that must be met to hold law enforcement officers accountable for their actions in traffic-related incidents, balancing the need for public safety and the protection of individual rights.

Law Lists for the Supreme Court of Tasmania Friday, 29 July 2016

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established