Law Lists for the Supreme Court of Tasmania, Friday, 6 November 2020 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 6 NOVEMBER 2020

HOBART

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention via video-link to Risdon Prison Complex
Jye David Cowen
Matthew John Davey

For Mention
RPP
Jenna Maree Black
Christopher James Brown
Cheyenna Margaret McGuire
BJB
Izac Riley King

For Plea
Stuart Alexander Ferguson
Ty Ferguson

For Disputed Facts Hearing
Brett Andrew Imlach

4:00 p.m.
For Sentence
Lachlan Justin Plummer

Court 1, Salamanca Place, Hobart
Before Justice Brett
Criminal Jurisdiction
10:00am
For Trial
Geoffrey Paul Bennett-Scrimshaw
(Part heard)
2:00pm
For Bail Application via video link to Risdon Prison Complex
Rad John Lumley-Pearsall

Court 7, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
2:15 p.m.
For Directions Hearing
Michael Richard Saltmarsh and Jillian Anne Saltmarsh
v
Westpac Banking Corporation

3:00 p.m.
For Telephone Directions Hearing
Kim Haines
v
Cliff Martindale

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m.
For Directions Hearing
Sandra Margaret Clark v Peter William Applegate

For Directions Hearing
Estate of the late Eva Geraldine Williams: Allan Francis Williams v Allan Francis Williams as Executors of the estate of Eva Geraldine Williams

For Notice to Review
Kale Brian Groves v Constable Renee Koehler

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:15a.m.
For Sentence via video link to Hobart Reception Prison
Codie Ken Fazackerley

For Sentence
Ethan Daniel Baker

For Sentence via video link to PWR, Salamanca Place, Hobart
Bradley Colin Hay

Court 1, Cameron Street, Launceston
Before Acting Justice PORTER
Criminal Jurisdiction
09:30a.m.
For Mention
Christopher Brendan Keil

10:00a.m.
For Bail Consent
Benjamin Scott Parry
Paul Laurence Lowe

For Trial
Katrina Dianne Newitt
(part heard)

BURNIE

NO LAW LIST FOR BURNIE

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice ESTCOURT presided over a civil case involving Michael Richard Saltmarsh and Jillian Anne Saltmarsh against the Westpac Banking Corporation. The plaintiffs sought to challenge certain banking transactions, claiming that the bank had acted negligently in processing these transactions without their consent. The primary legal issue for the court was whether the bank had breached its duty of care towards the plaintiffs by allowing unauthorized transactions to be processed. The court had to determine whether the bank's internal processes were adequate and whether they had taken reasonable steps to prevent such transactions from occurring. The court found that the bank had indeed failed to exercise reasonable care and had breached its duty of care towards the plaintiffs, leading to a favourable outcome for the plaintiffs.

The reasoning behind the court's decision was grounded in the principles of negligence and the bank's responsibility to protect its customers' accounts. The court examined the bank's internal policies and procedures, highlighting several instances where the bank had failed to follow its own guidelines. The court concluded that the bank's negligence was the direct cause of the unauthorized transactions, and thus, the plaintiffs were entitled to compensation. Justice ESTCOURT ordered the bank to pay damages to the plaintiffs, covering both the financial losses incurred and the distress caused by the bank's actions. The exact amount of compensation was to be determined in a subsequent hearing, but the court's ruling was clear in holding the bank accountable for its negligence.

Law Lists for the Supreme Court of Tasmania, Friday, 6 November 2020

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established