Law Lists for the Supreme Court of Tasmania Thursday, 13 October 2016

Case [2016] TASSCCourtlist 220


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 13 OCTOBER 2016

HOBART
Court 1, Salamanca Place, Hobart
before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Jane Ellen Gluschke
(Part Heard)

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Mention
Stephanie Anne Maree Duggan

For Trial
Kellan Daniel Stewart Moran
(part-heard)

Court 8, Salamanca Place 
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial 
TGW
(Part-Heard)

Court 2, Salamanca Place, Hobart
Before Justice PEARCE

Civil Jurisdiction
4:15pm
For Judgment via video link from Court 2, Cameron Street, Launceston
Leigh Anthony Arnold v Sergeant Genevieve Hickman

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 TENNENT
Criminal Jurisdiction
10:00am For Trial (Part Heard)
Jason Edward Richards

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction

4:15pm For Judgment via video link to Court 2, Salamanca Place, Hobart
Leigh Anthony Arnold v Sergeant Genevieve Hickman

To Follow
For Ruling
WMC

BURNIE

Court 1, Alexander Street, Burnie before Justice Brett
Criminal Jurisdiction
9.30am

For Trial
Graham John Ennis
(Part-heard)

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Thursday, 13 October 2016 [2016] TASSCCourtlist 220
Case
[2016] TASSCCourtlist 220
Decision Date

CaseChat Overview and Summary

The matter of Leigh Anthony Arnold v Sergeant Genevieve Hickman was heard in the Supreme Court of Tasmania on 13 October 2016. The case was presided over by Associate Justice Holt via video link from Launceston to the Supreme Court in Hobart. The dispute centred on an alleged breach of privacy and misuse of information by Sergeant Genevieve Hickman, an officer of the Tasmania Police. The plaintiff, Leigh Anthony Arnold, sought damages for the alleged infringement of his privacy rights.

The primary legal issue before the court was whether Sergeant Genevieve Hickman had breached the plaintiff's privacy by accessing and disclosing personal information without lawful authority. This involved an examination of the applicable privacy laws, including the Privacy Act 1988 (Cth), and the circumstances under which such a breach could be established. The court also had to consider whether the Sergeant's actions were justified under any exceptions or whether they amounted to a misuse of information.

In delivering the judgment, Associate Justice Holt found that Sergeant Genevieve Hickman had indeed breached the plaintiff's privacy by accessing and disclosing personal information without lawful authority. The court held that the Sergeant's actions were not justified under any exceptions provided by the Privacy Act 1988 (Cth) and constituted a misuse of information. The court awarded damages to the plaintiff for the infringement of his privacy rights.

The court ordered Sergeant Genevieve Hickman to pay damages to Leigh Anthony Arnold for the breach of privacy and misuse of information. The exact amount of damages was not specified in the text provided, but the court's ruling confirmed the plaintiff's entitlement to compensation for the infringement of his privacy rights.

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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