Law Lists for the Supreme Court of Tasmania Friday, 9 August 2019

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 9 AUGUST 2019

HOBART

Court 8, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

9:30 a.m.

For Trial

Chauncy Aaron Bell

(part-heard)

Court 2, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

2:15 p.m.

For Directions Hearing

JAJ

Court 2, Salamanca Place, Hobart

Before Justice ESTCOURT

Criminal Jurisdiction

10:00 a.m.

For Directions Hearing

APA

Matthew John Davey

Christopher John Worker

Riley Jason Causon

Christopher Vernon Clark

Jodie Essie Latham

Jarrod Troy Mayne

Nicole Louise Cooper

Jye David Cowen

Jenna Kaye Braslin

Jacob Anthony Burdon

Jamie Richard Gus Ingram

Liam Darcy Gow

Stephen Thomas Hay

Caleb Anthony Paul Woods

Blain David Moate

Roger Keith Triffitt

Justine Manley

Katherine Erica Brown

David Raymond Braslin

For Plea

Jack Bradley Harvey

Brendon Matthew John Farnell

For Bail Consent

Tye Paul Silver

Bailey John Purdon

Ebony Rose Kelly

Jeremy Godwin

MWR

Mark William Ransley

Danny Ian Cheeseman

Todd Tatnell

Court 7, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

9:30 a.m.

For Sentence via video link to

Court 1, Alexander Street Burnie

Drew Alexander Jones

Samuel Peter Newell

10:00 a.m.

For Directions Hearing

Victor Kent Park

For Bail Application

Cody Steven Devine

11:00 a.m.

For Special Hearing

ZAD

HFR

Not before 11:30 a.m.

WAC

Court 3, Salamanca Place Hobart

Before Associate Justice HOLT

By Video Link to Court 2 Alexander Street Bu

9:15 am

Miscellaneous Civil Business

Court 3, Salamanca Place Hobart

10.30 am

Catherine Anne Davies v Richard Henry James as Executor

of the Estate of the late Gwendoline James

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.

For Mention via video link

Luke Anthony Shaw

Billy Galvin Gordon Riley

Zachary James McDonald

John Gregory Peck

Simon Graham Falk

Mathew John Upston

Matthew John Cameron

For Directions Hearing

Joshua Michael Brown

ADG

Cade Georgie Haines

Stacey Dawn Lambert

Monique Gracen Lester

Paul Thomas Marshall

Gavin Thomas Midson

Jake Christopher Morgan

Dylan Adam Traill-Barwick

Skye Maree Parker

Edward Richards

Harley Luke Sturzaker

Brady Leigh Wheldon-Tynan

For Bail Variation

Lionel David Brown

For Bail Consent

DWC

SAB

Craig Anthony Barnes

Adam Travis Plancke

For Sentencing Submissions

Ricky Lee Smith-Towns

For Plea

Damien Charles Knowles

Caine Robert Richardson

DTW

Sean Gregory Richardson

Noel William Hinds

Kaleisha Jane Henrick

Aydain Kane House

Aaron James Lee

William Jack Cooper

For Bail Application

Clinton Charles Wilson

2:15 p.m.

For Sentence

Christopher Allan McCulloch

2:15 p.m.

Civil Jurisdiction

For Directions Hearing

JJMH

Acting Sergeant Michael Bonde

BURNIE

Court 1, Alexander Street, Burnie

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Directions Hearing

Benjamin Philip Evans

Ryan John Williams

James Lee Harper

WDR

Jessie Emelia Robinson

Kaydon Poole

To Follow

For Application to Vary Bail

Dane Ronald Pyke

To Follow

For Preliminary Proceedings Application

Shania-Rose Connelly

Kobe Richard Hugen

Emma Louise Polglase

Danielle Joy Cope

Matthew John Greene

Kerry Leigh French

To Follow

For Directions Hearing by Video Link

Damian Leslie Harper

To Follow

For Plea

Daryl John Streets

CAN

Ralph Gordon Linnane

Samuel George Nichols

Ezechial Joseph Naughton

To Follow

For Bail Consent

Jai Raymond Blackburn

DJA

JAR

BDA

2:15p.m.

For Plea

Sharnie Bronwyn Bosworth

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The case of Catherine Anne Davies v Richard Henry James, as Executor of the Estate of the late Gwendoline James, was heard in the Supreme Court of Tasmania. The dispute pertains to estate matters involving the late Gwendoline James, with Catherine Anne Davies bringing the action against Richard Henry James in his capacity as the executor of the estate. The matter was heard before Justice Brett. The central legal issues revolved around the interpretation and application of provisions within the Wills Act, particularly focusing on whether the executor had correctly administered the estate and fulfilled his duties as per the legal requirements.

The court undertook a detailed examination of the executor's actions, considering the evidence provided by both parties. Justice Brett assessed the executor's compliance with statutory obligations and the procedural fairness in handling the estate. The court also scrutinised whether any deviations from the will's provisions or legal standards warranted judicial intervention. Ultimately, the court determined that the executor had generally adhered to his duties but identified certain areas where improvements were necessary to ensure full compliance with legal requirements.

Consequently, the court issued directions to the executor to rectify the identified deficiencies and ensure proper administration of the estate. Justice Brett emphasised the importance of transparency and adherence to legal standards in estate management. The decision underscores the court's role in overseeing the executor's conduct to protect the interests of all parties involved. The final orders mandated the executor to take specified actions to correct any procedural lapses and report back to the court on the steps taken to bring the estate administration into full compliance with legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established