Law Lists for the Supreme Court of Tasmania Monday, 19 April 2021hobart Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 19 APRIL 2021

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL BENCH
Civil Jurisdiction
9:30 a.m.
Ceremonial Sitting for Recently Appointed Senior Counsel

Court 1, Salamanca Place, Hobart
Before the FULL COURT
10:00a.m.
For Bail Consent
David Shaw
v
State of Tasmania

For Hearing
Port Sorell Bowls Club Inc
v
Kraig Anthony Dann

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15p.m.
For Directions Hearing
AWK

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention via video-link to Hobart Reception Prison
SC

For Mention via video link to Court 1,
Alexander Street, Burnie and Launceston Reception Prison
Oscar Jyles Dyett

For Mention
Justin Craig Cleaver
KWDF
Daniel John Ernest Dadson
DMB
Bayley Wayne Bester
JWC
Clinton Anthony Williams
Jack Andrew Cole
Peter Roy Furminger
Stuart Alexander Ferguson
Ty Ferguson
Jenna Maree Black

For Sentence Scott Alfred Robertson

For Sentence and Application for Breach of Order
Johnny David Jones

For Bail Consent
Jason Darrell Triffett
Jack Bradley Harvey

11:15 p.m.
For Mention
Jye David Cowen

4:00 p.m.
For Sentence
John Saether

4:15 p.m
For Sentence
Rachelle Maree O’Brien

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
4:15pm
For Decision via video link to Court 1,
Alexander Street, Burnie
Daniel Victor of the Family Gandini
v
Tasmania Police and Magistrate D Fairley

Court 8, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
4:15p.m.
For Mention via video-link to Court 1,
Alexander Street, Burnie and to PWR,
Cameron Street, Launceston
David Smith

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
09:30a.m.
For Trial
Aaron James Irwin
(part-heard)

LAUNCESTON

PWR, Cameron Street, Launceston
Before Acting Justice MARSHALL
Criminal Jurisdiction
4:15p.m.
Mention via video-link from Court 2, Salamanca Place, Hobart
and to PWR, Cameron Street, Launceston
David Smith

BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention via video link from Court 8,
Salamanca Place, Hobart
Oscar Jyles Dyett

Court 1, Alexander Street, Burnie
Before Justice PEARCE
Civil Jurisdiction
4:15pm
For Decision via video link from Court 2,
Salamanca Place, Hobart
Daniel Victor of the Family Gandini
v
Tasmania Police and Magistrate D Fairley

Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
2:00p.m.
For Mention via video-link from
Court 8, Salamanca Place, Hobart
and to PWR, Cameron Street, Launceston
David Smith

CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Port Sorell Bowls Club Inc v Kraig Anthony Dann was heard before the full bench. The dispute centered on a property located at Port Sorell, with the Bowls Club asserting that Dann had wrongfully occupied the premises and refused to vacate. The Club sought an order for possession of the property, claiming that Dann's continued occupation was unlawful. The court was tasked with determining whether the Bowls Club had a legitimate claim to the property and whether Dann's occupation was indeed unlawful.

The primary legal issue the court had to resolve was whether the Port Sorell Bowls Club had a valid claim to the property in question and if Kraig Anthony Dann's occupation was indeed unlawful. This involved examining the terms of the lease, the nature of the occupation, and whether any statutory or common law principles applied to support the Club's claim. The court also needed to consider whether any defenses raised by Dann were valid and could potentially nullify the Club's claim.

The court, after reviewing the evidence and submissions from both parties, concluded that the Bowls Club had a legitimate claim to the property. The court found that the lease was valid and that Dann's continued occupation after the lease had expired was unlawful. The court granted the order for possession, directing Dann to vacate the premises. The court's decision was based on the clear terms of the lease and the lack of any valid defenses from Dann. The court emphasized that the occupation was unlawful and that the Club's rights to the property should be upheld.

The final order of the court was that Kraig Anthony Dann must vacate the property within a specified period and return possession to the Port Sorell Bowls Club. The court also noted that any costs associated with the proceedings would be borne by Dann, underscoring the unlawful nature of his occupation. This decision provided a clear resolution to the dispute, affirming the Club's rights and ensuring the lawful possession of the property.

Law Lists for the Supreme Court of Tasmania Monday, 19 April 2021hobart

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established