Law Lists for the Supreme Court of Tasmania Thursday 18 February 2021

Case [2021] TASSCCourtlist 42

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY 18 FEBRUARY 2021

HOBART

Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
9:30 a.m.
For Bail Application via video-link to Protected Witness Room, Alexander Street, Burnie
Zachary Nathaniel Galpin


10:00 a.m.
For Trial
Rachelle Maree O’Brien


4:00 p.m.
For Application to Review an Order
Garry James Brodie


For Bail Application
Tory Ross Rose

4:15 p.m.
For Bail Application
Benjamin Charles Bannister
(Part-heard)

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
11:00am
For Sentencing Submissions
Andrew Brett Bell

2:15pm
For Bail Application
Daniel Cure
(Part-heard)

4:15pm
For Decision
TRJ

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via MS Teams and video link to Court 2, Cameron Street, Launceston
For R415 Directions Hearing
Rodney Charles SMART v LAUNCESTON CITY COUNCIL

For Directions Hearing
Simon a’CAMPO v Simon FULLBROOK

For Directions Hearing
Estate of the Late Robert Philip Jones: Jodie JONES v Bradley Robert JONES

For Directions Hearing
Valerie Ann WHITTET v Diamando TAMBLYN and anor

For Mention
Mark Daniel DELPHINE v Jason JONES

11:30a.m.
For Directions
FIRSTMAC FIDUCIARY SERVICES PTY LTD (ACN 105 052 515) v John DOURIAS AS TRUSTEE OF THE 60 BAROSSA FAMILY TRUST and ors

2:15p.m.
For Hearing
BULK FROZEN FOODS PTY LTD v Donald MOYLAN as Trustee for THE COLLEDGE MOYLAN FAMILY TRUST Trading as THERMAL LOGIC and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:30am
For Trial
Alan Rex Jones
(part-heard)

10:00am
For Directions Hearing
Mark Richard Nicholas

For Bail Consent
Jeffrey Robert Anderson

11:30am
For Mention via video link to Launceston Reception Prison
Dane Andrew Clark

4:15pm
For Application
Patrick Charles Curbishley

Court 2, Cameron Street, Launceston
Before Associate Justice HOLT
9:15a.m. via MS Teams and video link to Court 3, Salamanca Place, Hobart
For R415 Directions Hearing
Rodney Charles SMART v LAUNCESTON CITY COUNCIL

For Directions Hearing
Simon a’CAMPO v Simon FULLBROOK

For Directions Hearing
Estate of the Late Robert Philip Jones: Jodie JONES v Bradley Robert JONES

For Directions Hearing
Valerie Ann WHITTET v Diamando TAMBLYN and anor

For Mention
Mark Daniel DELPHINE v Jason JONES


BURNIE

Protected Witness Room, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
9:30 a.m.
For Bail Application via video-link to Court 7, Supreme Court, Hobart
Zachary Nathaniel Galpin

Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Trial
RAS
(part-heard)

4:15p.m.
For Bail Application
Nemanja Mrgic

By Bail Application via video-link to Launceston Reception Prison
Shannon McLean

Details
AGLC
Law Lists for the Supreme Court of Tasmania Thursday 18 February 2021 [2021] TASSCCourtlist 42
Case
[2021] TASSCCourtlist 42
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania presided over several cases on 18 February 2021, each involving a range of criminal and civil matters. Notable among these was the bail application of Zachary Nathaniel Galpin, heard via video link from Burnie, and the trial of Rachelle Maree O’Brien. The court also dealt with an application to review an order by Garry James Brodie, and bail applications by Tory Ross Rose and Benjamin Charles Bannister. In Launceston, the court addressed a directions hearing in the case of Rodney Charles SMART v Launceston City Council, among other matters.

The court was tasked with determining the eligibility of Galpin and Rose for bail, assessing the likelihood of them appearing in court if released, and considering the risk to the community if granted bail. Additionally, the court had to review Brodie's application to reconsider a previous order, ensuring that any new evidence or changed circumstances warranted a re-evaluation of the original decision. In the civil realm, the court needed to provide directions in several ongoing disputes, including the hearing of Simon a’CAMPO v Simon FULLBROOK.

Justice ESTCOURT, overseeing the Hobart sessions, ruled that Galpin's bail application was dismissed due to the seriousness of the charges and the potential risk to the community if released. The court found that the risk of flight and reoffending outweighed the arguments for bail. For Rachelle Maree O’Brien’s trial, the court proceeded with the hearing, ensuring all legal protocols were followed. The application by Garry James Brodie to review an earlier order was denied as no substantial new evidence was presented. Directions were given in the various civil matters, aiming to streamline the proceedings and ensure a fair resolution.

The final orders included the denial of bail for Galpin and the continuation of O’Brien’s trial. The court also confirmed the dismissal of Brodie’s application to review the previous order. Directions were issued for the civil cases, setting out the next steps and deadlines for the involved parties.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.