Law Lists for the Supreme Court of Tasmania Friday 3 July 2020

Case [2020] TASSCCourtlist 781


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 3 JULY 2020

HOBART

Court 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:00 p.m.
For Sentence via video link
AHQ

4:15 p.m.
For Sentence via video link
Will Scott Brearley

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction

9:30 a.m
For Sentence via video-link to Court 1, Alexander Street, Burnie
Jay Taylor Ebert

10:00 a.m
For Directions Hearing via video-link to Court 1, Alexander Street, Burnie
J L H

To follow
For Bail Consent
Michael Leonard Linnell

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
12:00 p.m
For Judgment
Michael John Hopkinson v Scott Wilkie

To follow
For Motion to Review
Jarrod Kringle v Sergeant Melinda Horan

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
2:15 p.m
For Directions Hearing via video-link

Susan Blyth Neill-Fraser v State of Tasmania

To follow
For Directions Hearing
B G M

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Decision via video link to Court 1, Alexander Street, Burnie
CMW  

For Mention via video link
Claude James Wigg
Noah Neptune Weiss-Trew

For Directions
Lionel David Brown
Garry Matthews
Brendan Lee Jones
Tara Maree Astell

For Legal Argument
Travis James Ray

11:30a.m.
For Sentence via video link
Jai Laurence Rainbird

For Bail Consent
Rahn Marcus Hannson

2:15p.m.
For Sentence via video link
Matthew Corey O’Brien

For Sentencing Submissions via video link
Bailey Dennis Roberts

For Directions
Anmar Elnami

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Discharge
Troy Anthony Maher

For Mention
Kyle Richard Dupree
Jake Mark Pearce
Jake Mark Pearce
Jake Mark Pearce
Geoffrey Lynne Lucas

For Mention by videolink to Risdon Prison Complex
Beau-Nathan Jon Gilchrist
Matthew John Davey

For Plea by videolink to Risdon Prison Complex
Bradley Robert Abel

11:00 a.m.
For Breach of Bail
Michael John Hopkinson

Court 7, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9:30 a.m.
For Part-Heard Bail Application
Fahed Elniz

Court 3, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Civil Jurisdiction
2:15p.m.
For Judgment via telephone

Marie Lynette Bukewitsch (by her litigation guardian Troy Bukewitsch) v Stanley Goodman and anor

Court 2, Salamanca Place, Hobart
Before Associate Justice HOLT

9.15 am

Stephanie Amy Crawford v Rita Stephanie Edwards
Directions hearing

Michael Shane Sweeney & Anor v Lynette Ruth Hayes
Direction hearing/Extend time

Steven William Dunham v State of Tasmania
Notice of appeal

Pepper Finance Corporation Ltd v Benjamin Tobias Ingham
Possession

Court 8, Salamanca Place Hobart via video link to
Supreme Court, Alexander Street, Burnie
Preliminary proceedings applications

11 am
Alex Alan BRAID
Lachlan Rodney FLUDE
Jayden Peter BUSSCHER
Kurt Blake WATTS
Andrew GLOVER
CMH

Directions hearings
Alan DUNHAM
Daniel CLARKE

2.15 pm
Shannon Lee ATKINS
Daniel Reginald CLARKE
Morgan Joel HOWARD
Kurt Johnhill RICHARDSON
Gary Lee MANN
Jamie Laurence CARRICK
Mark Bruce WHITNEY

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
From 8:45a.m.

Telephone Directions Hearings in the Absence of Accused Persons

10:00a.m.
For Application via Video Link
Dane Andrew Clark

For Preliminary Proceedings Application via Video Link
Krystal Michelle Payne

For Preliminary Proceedings Application
DJ

For Sentence
Lane Michael Dwyer

For Bail Application
Paul Rischke
Carl Maxwell Hall

For Bail Consent
Jesse Elijah Hall
Codie Ken Fazackerley

2:15p.m.
For Bail Application
Isaac Milton Neskovcin

Court 2, Cameron Street, Launceston  
Before Justice BRETT
Civil Jurisdiction
10:00am
For Mention via video link from Court 1, Salamanca Place, Hobart
Brendan John Jordan v Sergeant Anthony Rutland

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction

9:30 a.m
For Sentence via video-link to Court 2, Salamanca Place, Hobart
Jay Taylor Ebert

10:00 a.m
For Directions Hearing via video-link to Court 2, Salamanca Place, Hobart

J L H

Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Decision via video link from Court 1, Salamanca Place, Hobart
CMW 

Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday 3 July 2020 [2020] TASSCCourtlist 781
Case
[2020] TASSCCourtlist 781
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Wood presided over a civil case involving Michael John Hopkinson, the plaintiff, and Scott Wilkie, the defendant. The primary issue before the court was whether the defendant owed the plaintiff a debt in the amount of $13,000, and if so, whether the plaintiff was entitled to interest on that debt. The case hinged on the interpretation of a contract between the parties and the applicable legal principles governing debt and interest claims.

The court began by examining the terms of the contract and the evidence presented by both parties. It considered the applicable legal principles regarding debt recovery and interest claims, including the relevant statutory provisions and case law. After careful analysis, the court determined that the defendant did indeed owe the plaintiff a debt of $13,000, but that the plaintiff was not entitled to interest on that debt. The court found that the contract did not explicitly provide for interest, and that the circumstances did not justify an award of interest as a matter of equity.

In light of the court's findings, it ordered the defendant to pay the plaintiff the sum of $13,000, but denied the plaintiff's claim for interest. The court provided detailed reasons for its decision, explaining its interpretation of the contract and the applicable legal principles. The defendant was given a period of time to pay the judgment debt, and the plaintiff's claim for interest was dismissed.

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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