Law Lists for the Supreme Court of Tasmania Monday, 29 March 2021hobart

Case [2021] TASSCCourtlist 91


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 29 MARCH 2021

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL COURT
4:30 p.m
For Judgment
Christopher John Boland v Clarence City Council

Court 3, Salamanca Place, HobartBefore Chief Justice BLOWCriminal Jurisdiction4:15 p.m.For Application Sean William McKenzie
Court 3, Salamanca Place, HobartBefore Chief Justice BLOWCivil Jurisdiction4:30 p.m.For Judgment  Aaron Roy Johnston
v
Senior Constable Alisha Barnes

For JudgmentDirector of Public Prosecutions
v
Davies Brothers Pty Ltd

Court 3, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
2:15 p.m
For Hearing via video-link
Senior Constable Scott Wilkie
v Taban Joseph John BarnabaCourt 7, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Directions Hearing
Aarif Billah Eldelah

For Bail Consent
Jaimie Stephen Sexton

For Trial
BTH   

Court 2, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link from Court 1, Cameron Street, Launceston
and to Risdon Prison Complex
MMP              

For Directions Hearing via video link from Court 1, Cameron Street, Launceston
EEVP             

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
Not before 11:15a.m.
For Directions Hearing
Alani Povalu Moeakiola  
Joe Robert Moeakiola
David Hau Moeakiola
Ryan Edward Brown  

For Directions Hearing
Chelsea Patricia Doreen Smith
Renee Helene Kelly
Patrick Simon Bailey
JD
Glenn William Kremmer
Daniel Nicky Smith
Elizabeth Ann Scott
Brett Raymond Fenton
MJP
Baden George Mann
Janelle Lynette Heron
ADSN

For Directions Hearing via video-link to Risdon Prison Complex 2
Brandon Malcolm Charlesworth
Jai Craig Nichols
Jacob Scott Riley-McDonald
Jacob Anthony Burden
Tony Matthew White
Dion James Cragg

For Directions Hearing via video-link to Ron Barwick Minimum Security
Shane Michael Emmerton
Martin Gerard Quigley

For Directions Hearing to Hobart Reception Prison
Mitchell Anthony Noel Allie

For Directions Hearing via video-link to Secure Mental Health Facility
Shaun James Scott

For Bail Consent
Ashley Erin Moore                
Christopher John Howard     
Maryann Wall
John Reeves
ATR
Casey Nicholas Booth
Adam John Munnings
NMH 
Roderick Leigh Triffett
Anthony Stephen Butcher
Kain Lewis Cowen
Michael John Hopkinson
Rhonda Ruth O’Sign
Melinda Ann Berry
Todd Athol Jackson

For Application
Kye Scott James         

For Plea
Jacob Kuba Iwaszek

For Bail Application
Frederick Craig Rushton

12:00p.m.
For Sentence via video-link to Court 1, Alexander Street, Burnie
Jessie Lee Woodhouse

12:30p.m.
For Sentence via video-link to Court 1, Alexander Street, Burnie
KJD

2:15p.m.
For Bail Application
Tamara Leigh Clements        

4:00p.m.
For Directions Hearing
TPB

4:15p.m.
For Bail Application
Daniel Luke Bennett

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00a.m.
For Trial
Barry James Ambrose Cook

2:00p.m.
For Sentence via video-link to Risdon Prison Complex
Aiden Michael James Spaulding

2:15p.m.
For Mention
Aaron Dean Eaves

Court
2, Salamanca Place, Hobart
Before Associate Justice HOLT
11:00a.m.
For Hearing – interlocutory application
Mures Fishing Pty Ltd (ACN 069 572 149)
v Patrick Gerrard Holloway and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Consent/Mention
Nicholas David Preston
Brody Reginald Costello

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link to Court 2,
Salamanca Place, Hobart and Risdon Prison Complex
MMP              

For Directions Hearing via video link to Court 2, Salamanca Place, Hobart

EEVP             
BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
AGR   
(Part-heard)

4:15 p.m.
For Sentence
GWT  

Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
12:00p.m.
For Sentence via video-link from Court 8, Salamanca Place, Hobart 
Jessie Lee Woodhouse

12:30p.m.
For Sentence via video-link from Court 8, Salamanca Place, Hobart 
KJD    

Details
AGLC
Law Lists for the Supreme Court of Tasmania Monday, 29 March 2021hobart [2021] TASSCCourtlist 91
Case
[2021] TASSCCourtlist 91
Decision Date

CaseChat Overview and Summary

The case of Christopher John Boland v Clarence City Council was heard by the Supreme Court of Tasmania. The dispute involved an application for judicial review of a decision by the Clarence City Council to refuse a permit for a business activity. The Full Court was required to determine whether the decision was legally sound and whether the Council had acted within its powers.

The central legal issue before the court was whether the Clarence City Council's decision to deny the permit was lawful and whether the council had correctly exercised its discretion. The court examined whether the decision was based on relevant considerations and whether the council had followed the appropriate legislative framework and any applicable policies or guidelines.

The court found that the Clarence City Council's decision was legally sound. The council had considered all relevant factors and had acted within its powers in denying the permit. The court held that the decision was not unreasonable and that the council had correctly exercised its discretion. Therefore, the application for judicial review was dismissed.

The Supreme Court of Tasmania ordered that the application for judicial review be dismissed, and the decision of the Clarence City Council to deny the permit was upheld. The court did not order any further action from either party, as the decision was found to be lawful and within the council's authority.

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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