Law Lists for the Supreme Court of Tasmania Monday, 24 February 2020

Case [2020] TASSCCourtlist 84


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 24 FEBRUARY 2020

HOBART

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Justine Falviene Manley
Christopher Vernon Clark
Robert Raymond Kaye
Rahn Marcus Hansson

For Plea
Lochlan John Jahnig

For Bail Consent
Matthew Joseph Piggott

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30a.m.
For Directions Hearing
Jeffrey Ian Thompson

Court 2, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9:30 a.m.
For Directions Hearing
via video link to
Magistrates Court, Alexander Street, Burnie
Luke Arthur Waddell-Smith
Justin Richard Maynard

Court 2, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
10:00 a.m.
For Motion to Review via video link to
Magistrates Court, Alexander Street, Burnie
Senior Constable Luke Venn
v
Daniel John Pettit
12:00 p.m.
For Motion to Review via video link to
Supreme Court, Cameron Street, Launceston
Senior Sergeant Luke Moore
v
Stephen Clement Burton

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00am
For Directions via video link to
Supreme Court, Alexander Street, Burnie
J D

For Directions via video link to Risdon Prison Complex
Kenneth James Siely
Dylan Roy Bramich
Peter Bill Zawackyj
Joshua Blair Read
Justin Paul Moore

For Directions via video link to Melbourne
Joshua George Hector Clark

For Mention
Shannon James Duffy

For Directions
Christian Niel Shearing
Jesse Wayne Morgan
Stuart Ernest Sinclair
Carl Alexander Haas
Lachlan Justin Plummer
Matthew Stephen Burles
Robert Shannon Devine
Catherine Fisher
Reginald Thomas Collins
I R K
Benjamin John Menzie
Joshua Dion Hill
Shane Michael Brown
Nathan Lee Weschler
Thomas Lee Woolley
Chelsea Patricia Doreen Smith

For Bail Consent
Talisha Renee Kelly-Narracott
Anthony Farnell
Damien Andrew Ferguson
Alan Ross Webster
W S B
Troy Anthony Maher
Jordyn Jack Webb
Benjamin Thomas Harris
Jemma Rumley-Cantrell
Matthew Paul Dodge

For Mention
Joshua Luke Smith
Corey Graham Vincent

2:15pm
For Application to Withdraw Surety Obligations
Nicholas Aaron Scott

Before Associate Justice HOLT
In Chambers
9:20 am
TASCO 1 PTY LTD v RIDLEY CO PTY LTD
Telephone Directions

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:30a.m.
For Sentence
Jake Douglas Herlihy

10:00a.m.
For Mention
BJHC
Rick Keith Gesler
Joshua Josef Barker

2:15p.m.
For Sentence
Kristy Louise Ackroyd

To Follow:
For Facts and Sentence
Joshua Phillip Thompson

3:30p.m.
For Bail Application
WAHR
Court 2, Cameron Street, Launceston
Before Justice GEASON
Civil Jurisdiction
12:00 p.m.
For Motion to Review via video link from
Supreme Court, Salamanca Place, Hobart
Senior Sergeant Luke Moore
v
Stephen Clement Burton

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
10:30 a.m.
For Mention
DWW

For Bail Consent
MJW Jason Aaron Lee D’MonteKurt Douglas Horton
Shaun Albert Leonard
To Follow:
For Trial
Elias Maffeking Kefalianos
(part-heard)

4:00 p.m.
For Directions Hearing via video link
to Risdon Prison Complex
Oscar Jyles Dyett
For Mention
Alexandre Matafonov

For Directions Hearing
Justin James Browne
Peter Arthur Edward Nibbs
Jacqueline Maree Broomhall
Shannon Lee Atkins
Daniel Reginald Clarke
Morgan Joel Howard
Kurt Johnhill Richardson

For Preliminary Proceedings Application
Shannon Lee Atkins
Morgan Joel Howard

For Directions Hearing and Bail Application
Daniel Reginald Clarke

For Bail Consent
Anthony Leonard Clark

Magistrates Court, Burnie
Before Justice GEASONCriminal Jurisdiction9:30 a.m.
For Directions Hearing via video link from
Supreme Court, Salamanca Place, Hobart
Luke Arthur Waddell-Smith
Justin Richard Maynard
Magistrates Court, BurnieBefore Justice GEASONCivil Jurisdiction10:00 a.m.
For Motion to Review via video link from
Supreme Court, Salamanca Place, Hobart
Senior Constable Luke Venn
v
Daniel Jon Pettit

Supreme Court, Alexander Street, Burnie
Before Acting Justice PORTER
Criminal Jurisdiction
10:00am
For Directions via video link to
Supreme Court, Salamanca Place, Hobart
J D

Details
AGLC
Law Lists for the Supreme Court of Tasmania Monday, 24 February 2020 [2020] TASSCCourtlist 84
Case
[2020] TASSCCourtlist 84
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a number of cases were heard on 24 February 2020. The cases included both criminal and civil matters, as well as directions hearings, bail applications, and mentions. One of the notable cases involved a motion to review a decision made by a magistrate. The case, Senior Sergeant Luke Moore v Stephen Clement Burton, was heard via video link from the Supreme Court in Launceston to the Magistrates Court in Hobart. The legal issue in this case revolved around the merits of the magistrate's decision and whether it should be reviewed by the Supreme Court.

The court considered the principles of judicial review and the scope of its powers to intervene in the decisions of subordinate courts. The court found that the magistrate's decision was not subject to review by the Supreme Court on the grounds presented. The motion to review was dismissed, and the magistrate's decision stood. The court's reasoning was based on the well-established principles of judicial review, which limit the circumstances in which higher courts will intervene in the decisions of lower courts. The court held that the magistrate's decision was within their jurisdiction and was not affected by any error of law.

The final order of the court was that the motion to review was dismissed, and the decision of the magistrate remained in place. This outcome reflects the court's respect for the independence of the subordinate judiciary and its reluctance to interfere with their decisions unless there is a clear error of law. The dismissal of the motion to review also serves to uphold the finality of decisions made by magistrates and to ensure that the judicial system functions efficiently.

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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