Law Lists for the Supreme Court of Tasmania Monday, 3 April 2017

Case [2017] TASSCCourtlist 79


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 3 APRIL 2017

HOBART

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Mention by Video-Link
Phillip Maxwell Jones

For Mention
Paul Arnold Every
DJK

For Bail Consent
Lewan Patrick Lehman
Darren James Barwick

For Trial
Kelly Raema Mundy Page
Michelle Lee Arnott
(Part-Heard)

Court 8, Salamanca Place, Hobart

Before Justice ESTCOURT
Criminal Jurisdiction

10:00 a.m.
For Mention
WLNH

For Trial
David John Charles King
(Part Heard)

Court 7, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction

4:15 p.m.
For Further Submissions/Sentence by Video Link from Court 1, Cameron Street, Launceston
Benjamin Robert Joseph

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
In Court as in Chambers
4:15 p.m.
For Directions Hearings via video-link to Court 2, Cameron Street, Launceston
Kurt Von Stalheim
v
The Anti-Discrimination Tribunal

Kurt Von Stalheim
v
The Anti-Discrimination Tribunal and Deloitte Touche Tohmatsu

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
4:00 p.m.
For Submissions as to Orders
Tasmanian Perpetual Trustees Limited
v
Her Majesty’s Attorney-General for the State of Tasmania

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
11:00 a.m.
For Hearing
Senior Sergeant John Parker
v
Christopher Mark Shaw

3:30 p.m.
For Directions Hearing via Telephone
Anthony John (Jon) Wheaton
v
Constable Annette Wilson and Constable Peter McKenna

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
Strike out Statement of Claim
Deputy Commissioner of Taxation
v
Shane Gill

2:15 p.m.
Directions Hearing by Telephone
Chamer Pty Ltd and anor
v
Caltas Pty Ltd and anor

LAUNCESTON
Court 2, Cameron Street, Launceston
Before Chief Justice BLOW
Civil Jurisdiction
In Court as in Chambers

4:15pm For Directions Hearing via video-link to Court 1, Salamanca Place, Hobart
Kurt Von Stalheim v The Anti-Discrimination Tribunal
Kurt Von Stalheim v The Anti-Discrimination Tribunal & Anor.

Court 1, Cameron Street, Launceston

Before Justice BRETT
Criminal Jurisdiction

10:00am For Mention
Daniel Mark Delphine

For Mention by Video Link
Adam Maxwell Cox

For Directions Hearing by Video Link
Nathan Henry John Riley
Sean Gregory Richardson
Matthew Luke Williams
Christopher John Humphreys

For Directions Hearing
Ricky Lee Smith-Towns
Malcolm Joshua Mayne

10:30am For Trial
SG

4:00pm For Bail Application
Andrew Rex Gleeson

4:15pm For Further Submissions/ Sentence by Video Link to Court 7, Salamanca Place, Hobart
Benjamin Robert Joseph

BURNIE

No list for Burnie.

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Details
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Law Lists for the Supreme Court of Tasmania Monday, 3 April 2017 [2017] TASSCCourtlist 79
Case
[2017] TASSCCourtlist 79
Decision Date

CaseChat Overview and Summary

The case of Kurt Von Stalheim v The Anti-Discrimination Tribunal before Justice Wood in the Supreme Court of Tasmania involved a dispute regarding the respondent's decision. The applicant sought to challenge the decision of the Anti-Discrimination Tribunal, which had determined certain matters under the Anti-Discrimination Act 1998. The central issue before the court was whether the Anti-Discrimination Tribunal had acted beyond its jurisdiction in making the impugned decision.

In addressing the issue, the court considered the scope of its review powers and the principles of judicial review. It examined whether the Tribunal had made an error of law or had acted in a manner that was irrational or Wednesbury unreasonable. The court found that the Tribunal had indeed exceeded its jurisdiction, as it had made findings on matters that were not before it and had based its decision on irrelevant considerations. Consequently, the court quashed the Tribunal's decision.

The court's decision led to the annulment of the Anti-Discrimination Tribunal's decision and the matter was remitted back to the Tribunal for reconsideration in accordance with the law. The final orders of the court required the Anti-Discrimination Tribunal to conduct a fresh review of the matter, ensuring that it only considered the issues properly before it and adhered to the relevant legal principles.

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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