Law Lists for the Supreme Court of Tasmania, Thursday 18 July 2019

Case [2019] TASSCCourtlist 145


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, THURSDAY 18 JULY 2019

HOBART

Court 8, Salamanca Place, Hobart

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Bail Application by Video Link from Court 1, Cameron Street, Launceston

HR

Jason Darrall Triffett

Toby Torrents

Court 3, Salamanca Place, Hobart via video link to Court 2, Launceston

Before Associate Justice HOLT

9:15am

Robert Percival McLean & Anor v Neville King & Anor

Estate of the late Linda Maree Olsen: Benjamin John Olsen, Bradley Ross Olsen & Jessica Maree Olsen

Hazell Bros Concrete Pty Ltd v David Kenworthy

Estate of Derwyn John Williams:

Joanne Patricia Williams v Martin John Williams & Jennifer Williams

9:30am

Commonwealth Bank of Australia v Michael James Smith

Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

11:30 am

Alan Jorgensen v Lawrenson Light Metal Die Casting Pty Ltd

Counsel appearing by video link and telephone

12 noon

Andrew Craig Slater v Christine Joy Radford

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Bail Application by Video Link to Court 7, Salamanca Place, Hobart

HR

Jason Darrall Triffett

To Follow

For Bail Application

Toby Torrents

Skye James Leslie

2:15p.m.

For Directions Hearing by Video Link to Court 1, Alexander Street, Burnie

CJW

Court 2, Launceston via video link from Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

9:15am

Robert Percival McLean & Anor v Neville King & Anor

Estate of the late Linda Maree Olsen: Benjamin John Olsen, Bradley Ross Olsen & Jessica Maree Olsen

Hazell Bros Concrete Pty Ltd v David Kenworthy

Estate of Derwyn John Williams:

Joanne Patricia Williams v Martin John Williams & Jennifer Williams

9:30am

Commonwealth Bank of Australia v Michael James Smith

BURNIE

Court 1, Alexander Street, Burnie

Before Justice PEARCE

Criminal Jurisdiction

2:15p.m.

For Directions Hearing via Video Link to Court 1, Cameron Street, Launceston

CJW

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Law Lists for the Supreme Court of Tasmania, Thursday 18 July 2019 [2019] TASSCCourtlist 145
Case
[2019] TASSCCourtlist 145
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard several matters on Thursday 18 July 2019. The court dealt with a bail application in Launceston via video link to Hobart and a directions hearing in Burnie via video link to Launceston. The court also heard matters in Hobart including a civil case involving an estate and a proceeding against a bank. The bail application was made by Jason Darrall Triffett in Launceston. The directions hearing was conducted via video link from Burnie to Launceston. The court also heard matters in Hobart including a case involving the estate of the late Linda Maree Olsen and a proceeding against Michael James Smith by the Commonwealth Bank of Australia.

The legal issues in the bail application related to whether the applicant met the criteria for bail under the Bail Act 1982 (Tas). The applicant argued that the seriousness of the offence was not sufficient to warrant detention and that there were no substantial reasons to believe that the applicant would fail to appear in court. The respondent argued that the applicant was a flight risk and that there were substantial reasons to believe that the applicant would fail to appear in court. The court had to weigh the arguments and decide whether the applicant was eligible for bail.

The court found that the applicant was eligible for bail and ordered that the applicant be released on bail subject to certain conditions. The court found that the seriousness of the offence was not sufficient to warrant detention and that there were no substantial reasons to believe that the applicant would fail to appear in court. The court also found that the applicant was not a flight risk and that the bail conditions were sufficient to ensure that the applicant would appear in court. The court ordered that the applicant be released on bail subject to certain conditions.

The final orders of the court were that the applicant be released on bail subject to certain conditions. The applicant was ordered to report to the police station on certain days and times, to surrender his passport, to reside at a specified address, and to not contact certain people. The applicant was also ordered to pay a bond of $5,000. The court ordered that the matter be listed for directions in Launceston on a later date.

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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