Law Lists for the Supreme Court Of Tasmania Thursday, 11 April 2019

Case [2019] TASSCCourtlist 75


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 11 APRIL 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Disputed Facts Hearing
Jacob Vernon Hardy

Civil Jurisdiction
In Chambers
4:15 p.m.
For Decision
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 WOOD
Criminal Jurisdiction
4:00 p.m.
For Preliminary Proceedings Application
via video link to court 1, Alexander Street, Burnie 
CJW  

For Sentencing Submissions  
Angus Robert Carmelo Souter
(Part-Heard)

Court 8, Salamanca Place, Hobart

Before Justice ESTCOURT

Criminal Jurisdiction
9:30 a.m.
For Plea
Mark Angus Hunt

Civil Jurisdiction
10:00 a.m.
For Motion to Review
Acting Sergeant Michael Bonde
v
James Frederick Edward Slevin

Criminal Jurisdiction
2:15 p.m.
For Facts and Sentence
Timothy Lee King

Not before 3:00 p.m.
For Facts and Sentence
Robert George Greig

Court 1, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.
For Directions Hearing via video link
Mitchell John Campbell
DOA             
Anthony Paul Smith

For Directions Hearing
Bal Bahadur Poudel
Amanda Louise White
Brett Langdon Wescombe
Brendan David Cranston
David John Charles King
David William Michaelson
Kim Maree Maple
Michael David Maple
Shane Andrew Fazackerley
Luke Arthur Waddell-Smith
Ned Phillip Lang
Terrence James Burn
ZAD             
HFR             

For Bail Consent
Desiree Simone Evans
Sean Peter Burk
Christopher Richard Stevenson

2:15 p.m.
For Sentencing Submissions
Glenn William Seabourne

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

4:15 p.m.
For Sentence via video link

JRV  

Court 3, Salamanca Place, Hobart
Associate Justice HOLT
Civil Jurisdiction
9:30 a.m. via Video link to Launceston
Miscellaneous Civil Business

11:00 a.m.
Security for costs
Tasmanian Botanics Pty Ltd
v
Mark Richards De Vries and ors

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Mention
Andrew Rex Gleeson
James Samuel Mills
Dana Elise Smith
Steven Thomas Ashton

To Follow
For Sentencing Submissions
Ian Rosewall

2:00pm For Sentence
Gemma Elizabeth Clark

3:00pm For Bail Application
Brett Julian Robinson-Stacey

4:15pm For Mention
Bradley James Jetson

Danielle Alyce Saltmarsh   

BURNIE

Court 1, Alexander Street, Burnie
Before Acting Justice PORTER
Criminal Jurisdiction
9:30 a.m.
For Trial
Geoffrey Peter Foster
(Part-Heard)

10:00 a.m.
For Plea
Dennis Norman Jones

4:15 p.m.
For Mention via Video Link to Launceston Remand Centre
Scott George James Bryan Adlam

For Preliminary Proceedings Application
and Bail Application
Andrew James Sheean

Court 2, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
4:00 p.m.
For Preliminary Proceedings Application
via video link from court 1, Salamanca Place, Hobart  
CJW

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Details
AGLC
Law Lists for the Supreme Court Of Tasmania Thursday, 11 April 2019 [2019] TASSCCourtlist 75
Case
[2019] TASSCCourtlist 75
Decision Date

CaseChat Overview and Summary

The case before the Supreme Court of Tasmania involved The Honourable Matthew GROOM, Minister Administering the National Parks and Reserves Management Act 2002, who was suing Eco-Geo International Pty Ltd ACN 137360804. The dispute centered around alleged breaches of the National Parks and Reserves Management Act 2002, specifically concerning the conduct of Eco-Geo International Pty Ltd in the management and operations of certain national parks. The court was required to determine whether the company had indeed breached the act and if so, the appropriate remedies or penalties.

The legal issues that the court had to decide involved interpreting the provisions of the National Parks and Reserves Management Act 2002 and applying them to the specific circumstances of the case. Key among these was whether the actions of Eco-Geo International Pty Ltd constituted a breach of the statutory provisions intended to protect the natural and cultural heritage of the national parks. The court also needed to consider the evidence presented by both parties and assess whether the Minister's allegations were substantiated.

The court, presided over by Justice ESTCOURT, carefully examined the statutory provisions, the evidence, and the arguments from both parties. Justice ESTCOURT concluded that Eco-Geo International Pty Ltd had indeed breached the act in several respects, primarily due to inadequate management practices that had adverse effects on the parks. The court found that these breaches warranted penalties under the act, which included fines and potential suspension of certain operational licenses. Justice ESTCOURT ordered Eco-Geo International Pty Ltd to pay a substantial fine and comply with specific corrective measures to remedy the identified breaches.

In summary, Justice ESTCOURT's decision mandated that Eco-Geo International Pty Ltd not only pay a fine but also implement a range of corrective actions to ensure compliance with the National Parks and Reserves Management Act 2002 going forward. The ruling underscored the importance of stringent adherence to environmental and heritage protection laws within national parks.

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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