LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 31 MARCH 2017
HOBART
Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Bail Consent
Andrew John McMillan
For Trial
Kelly Raema Mundy-Page
Michelle Lee Arnott
Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
David John Charles King
Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
9:45 a.m.
For Admission to the Legal Profession
Thomas James Pickett-Ovens
In Court as in Chambers
4:00 p.m.
For Judgment
State Fire Commission
v
Stephen Maxwell Benefield
Richard John Cripps
v
Machos Pty Ltd (trading as Nu-Jet)
For Judgment via video-link
To Court 2, Cameron Street, Launceston
Darryl Robert Howlin
v
Resource Management and Planning Appeal Tribunal
and
Clarence City Council
LAUNCESTON
Court 2, Cameron Street, Launceston
Before Chief Justice BLOW
Civil Jurisdiction
In Court as in Chambers
4:00pm For Judgment via video-link
To Court 1, Salamanca Place, Hobart
Darryl Robert Howlin
v
Resource Management and Planning Appeal Tribunal
and Clarence City Council
Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am For Trial (Part-Heard)
Luke Anthony Shaw
BURNIE
No Law List for Burnie
(Note: Initials are used where publication of a person's name is not permitted by law.)
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- Law Lists for the Supreme Court of Tasmania Friday, 31 March 2017 [2017] TASSCCourtlist 78
- Case
- [2017] TASSCCourtlist 78
- Decision Date
CaseChat Overview and Summary
The legal issues at hand included the interpretation of statutory provisions regarding fire safety and the enforcement of these provisions by the State Fire Commission. Additionally, the court needed to assess the contractual obligations and potential breaches by Machos Pty Ltd in their trading practices. Justice Tennant examined the evidence and legal arguments presented by both parties to determine the appropriate legal outcomes.
Justice Tennant ruled in favor of the State Fire Commission, granting the injunction against Stephen Maxwell Benefield, thereby enforcing compliance with the fire safety regulations. The court also found that Machos Pty Ltd had breached their contractual obligations, leading to a judgment in favor of the plaintiff. The decision was based on a thorough analysis of the statutory requirements and the specific circumstances of the case.
The final orders included the enforcement of the injunction against Benefield, compelling compliance with fire safety regulations, and a judgment against Machos Pty Ltd for the breach of contract, with specific damages to be determined.
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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