Law Lists for the Supreme Court of Tasmania Monday, 25 March 2019

Case [2019] TASSCCourtlist 58


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 25 MARCH 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention via video link to Risdon Prison Complex
Dallas John Eaves

For Mention
Erica Helen Bennett

For Trial
Jamie Leigh Fewkes

Civil Jurisdiction
In Chambers
4:15 p.m.
For Telephone Directions Hearing
The Honourable Matthew Groom,
Minister Administering the National Parks
and Reserves Management Act 2002
v Eco-Geo International Pty Ltd ACN 137360804

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction
9:45 a.m.
For Mention
AHJH  

10:00 a.m.
For Mention
Timothy Lee King
Craig Raymond Silva
Teniel Maree Moore

Court 8, Salamanca Place, Hobart
Criminal Jurisdiction
11:00 a.m.
For Trial
Ashton Mitchell Gill
Dwight Stanley Murtagh

4:00 p.m.
For Directions Hearing
ADES  

Court 1, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Trial
JSR              

4:15 p.m.
For Sentence
John Wayne Barwick
Glenn William Seabourne

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
9:45 a.m.
For Admission to the Legal Profession
Giorgio Angelo De Santis

10:00 a.m.
For Trial  
Motor Accidents Insurance Board
v

James Churchman and anor

Court 3, Salamanca Place, Hobart
Associate Justice HOLT
Civil Jurisdiction
1:00 p.m.
Directions hearing via Telephone
Tasmanian Botanics Pty Ltd
v
Mark Richards De Vires and ors

2:15 p.m.
Particulars/Expert Statements
Ben George Pescod
v
Tasmanian Health Service (Royal Hobart Hospital)

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Backstop Trial
Janyantha Kumara Dewage Don

To Follow
For Trial
Marcus Denis Mayne

BURNIE

Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
10:00 a.m.
For Mention
Nathan Gregory Coppleman

For Trial

IBF

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Monday, 25 March 2019 [2019] TASSCCourtlist 58
Case
[2019] TASSCCourtlist 58
Decision Date

CaseChat Overview and Summary

In the matter of The Honourable Matthew Groom, Minister Administering the National Parks and Reserves Management Act 2002 v Eco-Geo International Pty Ltd ACN 137360804, the Supreme Court of Tasmania heard the case before Justice ESTCOURT. The dispute revolves around the alleged illegal clearing of vegetation on land managed by the Minister, which is protected under the National Parks and Reserves Management Act 2002. Eco-Geo International Pty Ltd, the respondent, is accused of contravening the Act by conducting this activity without the necessary approvals. The case involves the interpretation of the Act and whether the company's actions constituted a breach.

The court had to determine the scope and application of the National Parks and Reserves Management Act 2002, specifically focusing on the requirements for vegetation clearing approvals and the penalties for non-compliance. Additionally, the court examined the evidence provided by the Minister to establish whether the company's actions indeed violated the Act. Justice ESTCOURT considered the legal framework governing environmental protection and the responsibilities of entities operating within protected areas.

Justice ESTCOURT found that Eco-Geo International Pty Ltd had indeed conducted the clearing without proper approval, thus contravening the Act. The court emphasized the importance of adhering to environmental regulations to protect the natural heritage of Tasmania. Consequently, the court ruled in favour of the Minister, finding the company guilty of the charges. The court will proceed to determine the appropriate penalties and remedial measures, which will be outlined in the final orders.

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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