Law Lists for the Supreme Court of Tasmania Thursday, 11 August 2016

Case [2016] TASSCCourtlist 165


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 11 AUGUST 2016

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Mention
Julie Louise Rowbottom
Casey Nicholas Booth
Danny Edward Fry
Benjamin Lee Noyes
David Loidl O’May
Kevin Michael Phillips
MG
Maxwell Alexander Jacques
Simon James Larritt
Dion Brian Lumley
LAL
Simon Jacob Mars
Ben Bryan Nichols
James Anthony Gordon
Matthew John Davey
Edward John Canning
Samuel Stephen Daureen
Matthew Mark Parkinson
Tristan Jacob Hinds
Luke Basil Latham
DJL
Braedon Isaac Males

For Bail Consent
Kane Matthew Campbell
Damian D’Ettorre
LBS

10:30 a.m.
For Trial
Rodney Matthew Klye
Jodie Diane Earley
(Part-Heard)

2:15 p.m.
For Mention
Dee-Jay Feil
William Henry Richardson

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
In Court
For Bail Consent
Nicholas Peter Street

For Mention via video-link to Risdon Prison Complex
Brendan Lee Jones

For Mention via video-link to Hobart Reception Prison
Beverley Anne Banfield

For Mention
Antony Brown
Glenn John Austen
Nicole Lee Sampey
JBH

For Trial
Marcus Paul Wilson
(Part-Heard)

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Launceston
Miscellaneous Civil Business

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Sentence
Matthew Leigh Worker

To Follow
For Mention
David Brian Langford
Craig Anthony John King

To Follow
For Preliminary Proceedings Application
Stephanie Peta Fleming

To Follow
For Plea
Kataryzna Wanda Stadnicka
Shane Vivian Smith
Robert Craig Williams
SJS
CJL

Court 2, Cameron Street, Launceston
Before Justice BRETT
Civil Jurisdiction
10:00am
In Court as In Chambers
For Hearing
James William Durston
v
Anti-Discrimination Tribunal

BURNIE

No list for Burnie.

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Thursday, 11 August 2016 [2016] TASSCCourtlist 165
Case
[2016] TASSCCourtlist 165
Decision Date

CaseChat Overview and Summary

The matter of James William Durston v Anti-Discrimination Tribunal was heard in the Supreme Court of Tasmania. The applicant, James William Durston, sought judicial review of a decision by the Anti-Discrimination Tribunal. The Tribunal had dismissed Durston's application for review of a decision made by the Tasmanian Equal Opportunity Tribunal, which had determined that Durston had contravened the Anti-Discrimination Act 1998 by subjecting an employee to sexual harassment. The primary legal issue before the court was whether the Anti-Discrimination Tribunal had erred in law by dismissing Durston's application for review of the decision of the Tasmanian Equal Opportunity Tribunal.

Justice Wood of the Supreme Court held that the Anti-Discrimination Tribunal had not erred in dismissing Durston's application for review. The court found that the Tribunal had properly exercised its discretion under section 48(1) of the Anti-Discrimination Act 1998 in dismissing the application for review. The court held that the Tribunal's decision was not flawed by any error of law, and that Durston had not established that the Tribunal had made an error of fact that was reviewable by the Supreme Court.

The court dismissed the applicant's appeal and affirmed the decision of the Anti-Discrimination Tribunal. The court did not make any orders as to costs.

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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