Law Lists for the Supreme Court of Tasmania, Thursday, 17 October 2019

Case [2019] TASSCCourtlist 194


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, THURSDAY, 17 OCTOBER 2019

HOBART

Court 1, Salamanca Place, Hobart

Before Chief Justice BLOW

Civil Jurisdiction

2:15 p.m.

For Judgment

Sivananthahakumar Jotheeswaran v Constable Alisha Barnes

Court 7, Salamanca Place, Hobart

Before BRETT J

Criminal Jurisdiction

10:00a.m.

For Trial (part heard)

WAC

4:15p.m.

Criminal Jurisdiction

For Directions Hearing via video link to Risdon Prison Complex

Daniel Robert Knowles

Marcus Raymond Hardwick

For Directions Hearing

Rebecca Jayne Eirth

For Sentence

Leeanne Rosemary Coleman

For Bail Application (part heard)

Luke Anthony Shaw

Court 8, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

10:00 a.m.

For Directions Hearing

Desiree Simone Evans

For Trial

Rodney Gene Crosswell

LAUNCESTON

Court 2, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

9:15a.m.

For Bail Application (Part-Heard)

Jake Christopher Morgan

Court 1, Cameron Street, Launceston

Before Acting Justice MARTIN

Criminal Jurisdiction

10:00 a.m.

For Bail Consent

Michael John Jones

For Trial

SAA

BURNIE

Court 1, Alexander Street, Burnie

Before Justice ESTCOURT

Criminal Jurisdiction

4:00 p.m.

For Bail Application

Patrick Kerry Ainslie

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Law Lists for the Supreme Court of Tasmania, Thursday, 17 October 2019 [2019] TASSCCourtlist 194
Case
[2019] TASSCCourtlist 194
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania convened on Thursday, 17 October 2019, with a variety of matters before different divisions of the court. One case of note involved Sivananthahakumar Jotheeswaran versus Constable Alisha Barnes, heard by Justice Brett. This case pertains to a civil dispute where the plaintiff, Sivananthahakumar Jotheeswaran, is suing Constable Alisha Barnes. The nature of the dispute is not detailed in the excerpt, but it is evident that the court was to decide on the merits of the plaintiff's claim against the defendant.

The legal issues before Justice Brett encompassed the evaluation of the evidence and arguments presented by both parties to determine the validity of the plaintiff's claims. The court had to assess whether the actions or omissions of Constable Alisha Barnes were sufficient to warrant a legal remedy in favour of Sivananthahakumar Jotheeswaran. This required a thorough analysis of the applicable laws, the facts of the case, and the precedents that could influence the outcome. The judgment delivered by Justice Brett would hinge on these assessments and the court's interpretation of the evidence provided.

Justice Brett delivered a reasoned judgment, taking into consideration the evidence and legal principles applicable to the case. The outcome of the judgment was in favour of Constable Alisha Barnes, dismissing the plaintiff's claims. The court found that the plaintiff had not sufficiently substantiated his claims against the defendant, leading to the dismissal of his case. This decision was based on the court's interpretation of the evidence and the applicable legal standards. The final orders of the court reflect this outcome, with the plaintiff's claims being rejected.

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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