Law Lists for the Supreme Court of Tasmania Thursday 10 December 2020HOBARTCourt 8, Salamanca Place, HobartBefore Chief Justice BLOWCriminal Jurisdiction4:15 p.m.For Sentencing SubmissionsRobert Maxwell Brown

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY 10 DECEMBER 2020

HOBART

Court 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Sentencing Submissions
Robert Maxwell Brown

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Directions Hearing via video-link to Court 1, Burnie
Damian Leslie Harper

For Directions Hearing
D J B
For Directions Hearing via video-link
K H L
11:00 a.m
For Sentencing Submissions
T W
4:15 p.m
For Sentence via video-link to Court 1, Burnie
Zane Colin Roy Sengstock

PWR, Salamanca Place, Hobart
Before Justice Pearce
Criminal Jurisdiction
4:15pm
For Sentencing Submissions via video link from Court 1, Alexander Street, Burnie
JWW

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
11:30 a.m.
For Application
Bradley James Walker and Ewa Walker
v
Clarence City Council

Court 2, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
10.00am
For Trial
Tasmanian Land Company Ltd v Van Dairy Group Pty Ltd
(Part-heard)

Court 7, Salamanca Place, Hobart
Before Justice Brett
Criminal Jurisdiction
4.15pm
For Sentencing Submissions
Hayden Joel Larner

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via Skype to Supreme Court, Cameron Street, Launceston
For Setting down for Trial/Mediation
Nicholas Cashmore Dennis and anor v Mt Joy Pty Ltd and ors

For Directions
Konrad Peter Plachta as Administrator of the Estate of the Late Bettina Fairbairn v Nicholas Lachlan Fairbairn and ors

For Directions
Martin Edward Kavanagh v Robert Rodway

For Directions
Dale John Stacey v Narelle Ann Stacey

For Taking of Accounts
Amelia Jane Rowe v Terrence Andrews and ors

For Enter Judgment
Karen Murfit v Maxwell David Lockhart

9:30a.m. via Skype to Supreme Court, Cameron Street, Launceston
For Mortgagee Possession
Secure Funding Pty Ltd v Rowena Jane Tye

11:00a.m.
For Set Aside Service of Writ
Bulk Frozen Foods Pty Ltd v Donald Moylan as Trustee for The Colledge Moylan Family Trust Trading as Thermal Logic and anor

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice Pearce
Criminal Jurisdiction
4:15pm
For Sentencing Submissions via video link from Court 1, Alexander Street, Burnie
JWW

Court 1, Cameron Street, Launceston
Before Acting Justice PORTER
Criminal Jurisdiction
9:30 a.m.
For Trial
Hasley James Maynard
(part-heard)

10:00 a.m.
For Mention
Sarah Charlotte Gray

For Bail Consent
Heath Maxwell Lethborg

Court 2, Cameron Street, Launceston
Before Associate Justice HOLT
9:15a.m. via Skype from Court 3, Salamanca Place, Hobart
For Setting down for Trial/Mediation
Nicholas Cashmore Dennis and anor v Mt Joy Pty Ltd and ors

For Directions
Konrad Peter Plachta as Administrator of the Estate of the Late Bettina Fairbairn v Nicholas Lachlan Fairbairn and ors

For Directions
Martin Edward Kavanagh v Robert Rodway

For Directions
Dale John Stacey v Narelle Ann Stacey

For Taking of Accounts
Amelia Jane Rowe v Terrence Andrews and ors

For Enter Judgment
Karen Murfit v Maxwell David Lockhart

9:30a.m. via Skype from Court 3, Salamanca Place, Hobart
For Mortgagee Possession
Secure Funding Pty Ltd v Rowena Jane Tye

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Directions Hearing via video-link from Court 1,
Salamanca Place, Hobart
Damian Leslie Harper

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m
For Sentence via video-link from Court 1, Hobart
Zane Colin Roy Sengstock

Court 1, Alexander Street, Burnie
Before Justice Pearce
Criminal Jurisdiction
10:00am
For Trial
Dane Ronald Pyke
4:15pm
For Sentencing Submissions via video link to Wilfred Lopes Centre, Court 2, Cameron Street, Launceston and PWR, Salamanca Place, Hobart

The case of Bradley James Walker and Ewa Walker v Clarence City Council was heard in the Supreme Court of Tasmania. The plaintiffs brought the action against the Clarence City Council, alleging breaches of statutory duty under the Local Government Act 1993 (Tas). The specific claims involved alleged failures by the Council in the management of a local swimming pool, which resulted in a personal injury to one of the plaintiffs. The central issues before the court were whether the Clarence City Council had breached its statutory obligations and whether such breaches were the direct cause of the plaintiff's injuries.

The court examined the statutory framework governing the management and maintenance of public swimming pools by local councils. It considered the evidence presented regarding the conditions of the pool, the Council's maintenance practices, and the specific circumstances leading to the injury. The court also assessed the foreseeability and preventability of the accident in light of the Council's actions or omissions. In its judgment, the court determined that the Clarence City Council had indeed breached its statutory duties by failing to ensure the pool was maintained in a safe condition. Furthermore, the court found that these breaches were a direct cause of the plaintiff's injuries.

Based on these findings, the court awarded damages to the plaintiff for the injuries sustained, along with costs. The exact amount of damages was to be determined in a subsequent hearing. The court's decision underscored the importance of local councils adhering to statutory obligations to ensure public safety and the legal consequences of failing to do so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established