Law Lists For the Supreme Court of Tasmania Monday, 29 March 2021HOBARTCourt 1, Salamanca Place, Hobart Before the Full Court4:30 p.mFor JudgmentChristopher John Boland v Clarence City CouncilCourt 3, Salamanca...

Case [2021] TASSCCourtlist 90


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 CouncilCourt 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 LtdCourt 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 1, 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 BennettCourt 7, 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 Plea in Mitigation
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 anorLAUNCESTON

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
Case
[2021] TASSCCourtlist 90
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard the case of Christopher John Boland v Clarence City Council, where the plaintiff sought to overturn a decision of the Planning and Development Court to dismiss an appeal against the Clarence City Council's refusal to grant development approval for a property in South Arm. The plaintiff argued that the decision was unreasonable and in breach of natural justice, as the Development Assessment Panel had failed to consider relevant information and had not properly applied the Town Planning Act.

The legal issues before the court involved the interpretation and application of the Town Planning Act and the principles of natural justice in the context of planning and development decisions. The court had to determine whether the Planning and Development Court had erred in its assessment of the evidence and in its application of the relevant statutory provisions.

In delivering the judgment, the Full Court found that the Planning and Development Court had indeed erred in its approach to the evidence and in its application of the law. The court held that the Development Assessment Panel had failed to adequately consider relevant information and had not properly applied the criteria set out in the Town Planning Act. The court also found that the Planning and Development Court had erred in its assessment of the evidence, leading to an unreasonable decision. The Full Court set aside the decision of the Planning and Development Court and remitted the matter back for reconsideration in accordance with the court's findings.

The Full Court's decision provided clear guidance on the proper interpretation and application of the Town Planning Act and the principles of natural justice in the context of planning and development decisions. The court's findings highlighted the importance of careful consideration of all relevant information and proper application of the statutory criteria in such decisions.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.