Law Lists for the Supreme Court of Tasmania, Monday, 17 June 2019

Case [2019] TASSCCourtlist 123


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, MONDAY, 17 JUNE 2019

HOBART

Court 7, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

10:00 a.m.

For Mention

Christopher John Worker

For Trial

BP

In Chambers, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

4:15 p.m.

For Telephone Directions Hearing

ACS

Court 8, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

4:15 p.m.

For Directions Hearing

EB

For Facts and Plea in Mitigation

KLL

Court 8, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

9:30 a.m.

For Sentencing Submissions

Mishal Almishalawy

For Bail Consent

Christopher Emery

Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

9:15 am

Directions Hearing By telephone

Hookway Aerospace Pty Limited (In Liquidation)

v

Stirling Mathew Hookway

11 am

Assessment of Damages

John Raymond Downham

v

John Doerr Marshall

(Part Heard)

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Backstop Trial

MJW

To Follow

For Trial

Mark Rodney Jones

Court 2, Cameron Street, Launceston

Before Acting Justice PORTER

Criminal Jurisdiction

10:00 a.m.

For Mention

SAA

Kerry Lee Cooper

Nicholas Leonard Payne

For Disputed Facts Hearing

JBA

(Part-Heard)

BURNIE

Court 1, Alexander Street, Burnie

Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.

For Trial

Matthew Paul O’Brien

4:15 p.m.

For Directions Hearing

Robyn Maree Cosstick

CMW

Alanya Joy White

Christopher Andrew Todd

For Application to Vary Bail

Kevin John Fitzpatrick

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Law Lists for the Supreme Court of Tasmania, Monday, 17 June 2019 [2019] TASSCCourtlist 123
Case
[2019] TASSCCourtlist 123
Decision Date

CaseChat Overview and Summary

In the matter of Hookway Aerospace Pty Limited (In Liquidation) versus Stirling Mathew Hookway, the case was heard by Justice Pearce in the Supreme Court of Tasmania. The liquidators of Hookway Aerospace Pty Limited sought to assess damages against Stirling Mathew Hookway, who was alleged to have engaged in fraudulent conduct that led to the company's liquidation. The court was tasked with determining the extent of Hookway's liability for the losses suffered by the company’s creditors.

The primary legal issue before the court was to ascertain the amount of damages owed by Hookway to the liquidators of Hookway Aerospace Pty Limited. This involved an analysis of the evidence presented regarding Hookway’s involvement in the company's financial mismanagement and fraudulent activities. The court needed to evaluate the credibility and weight of the evidence to quantify the financial harm caused by Hookway's actions.

Justice Pearce, after considering the submissions and evidence from both sides, concluded that Hookway was liable for significant damages. The court found that Hookway’s fraudulent conduct had directly contributed to the company’s financial downfall. The assessment of damages was based on the losses incurred by the creditors as a result of Hookway’s actions. The court ordered Hookway to pay the assessed damages to the liquidators of Hookway Aerospace Pty Limited.

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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