Law Lists For the Supreme Court Of Tasmania Friday, 5 April 2019

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 5 APRIL 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Teniel Maree Moore
(Part-Heard)

Civil Jurisdiction
In Chambers
4:15 p.m.
For Telephone Directions Hearing
Gunns Limited (In Liquidation) Receivers
and Managers Appointed) (CAN 009 478 148)
and ors v KPMG (A Firm) and ors

Gunns Limited (In Liquidation) Receivers and
Managers Appointed) (CAN 009 478 148)
and ors v Christopher James Newman and ors

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via Video Link
to Ron Barwick Minimum Security Prison
Ashley Edward Powell
Garry Lee Fullerton

For Directions Hearing via Video Link
to Risdon Prison Complex
Timo Murto
Jye David Cowen
Troy Daniel Perry
Aaron Henderson Gray
Riley Jason Causon

For Directions Hearing via Video Link
to Hobart Reception Prison
Justin Paul Moore
Shayne William Jones

For Directions Hearing via Video Link
to Mary Hutchinson Women’s Prison
Kylie Jane Hack

For Directions Hearing
Gary Matthews
James Matthew Johnson
Jamie Trevor Rex Tunks
Ricky John Crossin
Anthony Barratt
Bailey John Purdon
Gloria Angele Kennedy
Rodney Dale Gregson
DTN
David Tony Carver
Blain David Moate
Chris Byers Rossi

For Preliminary Proceedings Application
Brodie John Self

For Bail Consent
Michael John Lamp
Brady Peter Penneyston
Joshua George Hector Clark
Shaun Brodie Parremore
Rahn Marcus Hansson
Thomas Ezekiel Ricketts
Daniel John Ernest Dadson
Peter John O’Neill
Jessica Gay Schreiweis
Natasha Lyn Davie

For Application
Peter Christian Kokavesis
(Part-Heard)

For Plea
Kerry Leigh Large

11:30 a.m.
For Bail Application
Jarrod James Cartledge
Suzanne Rose Pauly

12:00 p.m.
For Directions Hearing via Video Link
to Ron Barwick Minimum Security Prison
Leigh John Parker
v
State of Tasmania

12:15 p.m.
For Bail Application
Jeremy Dean Young

Court 8, Salamanca Place, Hobart

Before Justice ESTCOURT

Criminal Jurisdiction
10:00 a.m.
For Directions Hearing
AHJH

For Mention
Jesse Leigh Fletcher-Jones
Mark Angus Hunt
Christopher Michael Goss

For Plea in Mitigation
ADES

11:30 a.m.
For Sentencing Submissions
Robert George Greig

12:00 p.m.
For Mention
Xavier Jackson Crouch

Court 7, Salamanca Place, Hobart

Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Teniel Maree Moore
(Part-Heard)

Court 3, Salamanca Place, Hobart
Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via Video link to Burnie
Miscellaneous Civil Business

11:00 a.m.
Strike out Defence
Natasha Lakaev
v
Carli McConkey

12:00 p.m.
Appointment of Litigation Guardian
Skye Schwan
v
The Public Trustee and ors

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Directions Hearing
Clinton Charles Wilson
Jake Douglas Herlihy
MLP
Corey Mitchell Gesler
Christopher Brendan Keil
Katrina Jane Cunningham
Christopher Leonard Brewer-Parker
Steven Thomas Ashton
Scott Deane Radin
Joshua Brian Smith
Mandy Maree Jones
JEH
Kerry Lee Cooper
Andrew Rex Gleeson
Timmothy Matthew Gardiner
BKSM
ADG
Darren John Brown
James Samuel Mills
Kaleisha Jane Henrick
Dylan Traill-Barwick

To Follow
For Preliminary Proceedings Application
Shane Leonard George
Nicholas David Preston
Alanya Joy White

To Follow
For Bail Consent
Sammual Clinton Wilmot

11:00am For Plea
Gemma Elizabeth Clark

2:15pm For Mention by Video Link
Ian Rosewall

To Follow
For Mention
Dana Elise Smith

To Follow
For Sentence
RAT
QCR
Joseph Auton

To Follow
For an Application
Robert Leslie Crane

Court 2, Cameron Street, Launceston

Before Justice BRETT
Criminal Jurisdiction

10:00am For Directions Hearing via video link
Emma Jane Fisher
Carly Elizabeth Lyon
Nicholas Leonard Payne
Caine Robert Richardson
Shaun Andrew Blake
Jake Harley Hattenschwiler
Nathan Scott Davidson
George Matthew Jeffrey

To Follow
For Directions Hearing
Danielle Alyce Saltmarsh
Bradley James Jetson
Megan Jane Chilcott
Aaron Daniel Eales
Jeremy John Lodge
Cathy-Lee Hahn
Todd Marshall Watson
Martin John Mace
Melissa Joy Mace

To Follow
For Bail Consent
Gavin Thomas Midson

To Follow
For Plea
Tayla Ebony Stevenson

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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In the Supreme Court of Tasmania, the case of Gunns Limited (In Liquidation) Receivers and Managers Appointed) (CAN 009 478 148) and others versus KPMG (A Firm) and others was heard. The dispute involved allegations of professional negligence against KPMG in relation to their auditing services provided to Gunns Limited. The court was tasked with determining whether KPMG owed a duty of care to Gunns Limited and its stakeholders and whether any breach of that duty resulted in loss or damage to the plaintiffs.

The central legal issue was whether KPMG had a duty of care to Gunns Limited, and if so, whether they breached this duty through their auditing practices. The court examined the nature of the relationship between KPMG and Gunns Limited, considering whether KPMG's role as auditors created a special relationship that would impose a duty of care. Additionally, the court assessed whether KPMG's alleged negligence directly caused the financial losses suffered by Gunns Limited and its stakeholders.

The court held that KPMG did owe a duty of care to Gunns Limited and its stakeholders, given the professional relationship established through the auditing services. However, the court found that KPMG did not breach this duty, as the auditing practices met the professional standards expected of the industry. Consequently, the court ruled in favour of KPMG, determining that the plaintiffs had not suffered losses due to any alleged negligence by KPMG. The court dismissed the claims against KPMG.

The final orders of the court were that the claims against KPMG were dismissed, with the plaintiffs to bear their own costs of the proceedings. The decision underscored the importance of maintaining professional standards in auditing services and highlighted the stringent criteria necessary to establish professional negligence in such contexts.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established