Law Lists for the Supreme Court of Tasmania Thursday, 11 July 2019

Case [2019] TASSCCourtlist 140


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

HOBART

Court 7, Salamanca Place, Hobart

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Bail Variation by Video Link

from Court 2, Cameron Street, Launceston

For Bail Application

Todd Andrew Tatnell

Ryan Brown

To Follow for Bail Application by Video Link

from Court 2, Cameron Street, Launceston

Dallas John Eaves

Haidyn Anning

Rebecca Brooks

Christopher Brown

2:45p.m.

For Sentencing Submissions by Video Link

from Court 2, Cameron Street, Launceston

Kerry Lee Cooper

3:30p.m.

For Mention by Video Link

from Court 2, Cameron Street, Launceston

Skye Kathleen Butler

Before Associate Justice Holt

Court 3, Salamanca Place, Hobart

by video link to Court 2,

Cameron Street, Launceston

9:15 am

Miscellaneous Civil Business

9:30 am

Miscellaneous Civil Business

Court 3, Salamanca Place, Hobart

12:00 PM

Van Sanden Holdings Pty Ltd v M2A Spartans Pty Ltd

Amend Statement of Claim

2:15 PM

Chamber matter

LAUNCESTON

Court 2, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Bail Variation by Video Link

to Court 7, Salamanca Place, Hobart

Todd Andrew Tatnell

Ryan Brown

To Follow

For Bail Application by Video Link

to Court 7, Salamanca Place, Hobart

Dallas John Eaves

Haidyn Anning

Rebecca Brooks

Christopher Brown

2:45p.m.

For Sentencing Submissions by Video Link

to Court 7, Salamanca Place, Hobart

Kerry Lee Cooper

3:30p.m.

For Mention by Video Link

to Court 7, Salamanca Place, Hobart

Skye Kathleen Butler

Before Associate Justice Holt

Court 2 Cameron Street, Launceston

by video link from Court 3, Salamanca Place, Hobart

9:15 am

Miscellaneous Civil Business

BURNIE

NO LAW LIST FOR BURNIE

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Law Lists for the Supreme Court of Tasmania Thursday, 11 July 2019 [2019] TASSCCourtlist 140
Case
[2019] TASSCCourtlist 140
Decision Date

CaseChat Overview and Summary

The case of Van Sanden Holdings Pty Ltd v M2A Spartans Pty Ltd was heard in the Supreme Court of Tasmania, before Justice Pearce. The dispute involved an application by Van Sanden Holdings to amend its Statement of Claim against M2A Spartans Pty Ltd. The primary issue before the court was whether the proposed amendments to the Statement of Claim were permissible under the rules of court and whether they would cause any prejudice to the defendant.

Justice Pearce examined the nature and substance of the proposed amendments, considering whether they introduced new causes of action or significantly altered the case's scope. The court also assessed if the amendments were made within a reasonable time and if the defendants would be prejudiced by the changes. After considering the arguments and relevant legal principles, the court decided that the amendments were allowable as they did not fundamentally change the case's nature or unfairly prejudice the defendants.

In conclusion, the court granted Van Sanden Holdings Pty Ltd permission to amend its Statement of Claim. The final order allowed the plaintiff to proceed with the proposed changes, subject to the conditions set by the court to ensure a fair trial for both parties. This decision ensures that the case can progress with the inclusion of the new elements, provided they are within the legal framework and do not unjustly disadvantage the defendants.

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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