Law Lists for the Supreme Court of Tasmania Thursday, 2 February 2017

Case [2017] TASSCCourtlist 23


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 2 FEBRUARY 2017

HOBART

Court 7, Salamanca Place, Hobart

Before Justice ESTCOURT
Criminal Jurisdiction

10:00 a.m.
For Mention
Damien Paul Ford

For Trial
Damian D’Ettorre

4:00 p.m.
For Plea
Dee-Jay Feil

Court 8, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.

For Mention by Video Link
EMB

For Mention
Mark William Eather
David Wilhelm Chrusciel

For Breach Application
Logan Kele Smith

For Plea
Zachery Saul Syme
Jack William Court
Benjamin Robert Joseph
Jason Scott Hinds

Stephen Douglas Walker

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
2:15 p.m.
For Costs Application
John Fuglsang Developments Pty Ltd and
Salamanca Inn Holdings Pty Ltd
v
Hobart City Council and Sultan Holdings Pty Ltd

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
In Court as in Chambers
For Application
Chamber Matter

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Launceston
Miscellaneous Civil Business

11:30 a.m.
For Hearing
Westpac Banking Corporation
v
Jillian Saltmarsh and anor

Michael Saltmarsh and anor
v
Westpac Banking Corporation

4:00 p.m.
Directions Hearing by Telephone
K & J West Holdings Pty Ltd
v
F W Loughlin Trnasport Pty Ltd

4:15 p.m.
Directions Hearing by Telephone
Julie Wiggins
v
Public Trustee as Administrator of the Estate
of the late Roger William Tapping

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction
9:30am For Trial (Part-Heard)
Stephanie Peta Fleming

10:00am For Mention
A Witness
A Witness

To Follow
For Plea
Corey Mitchell Gesler
Conniey Rea Riley
Joshua Raymond Smith

BURNIE

No list for Burnie.

(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, 2 February 2017 [2017] TASSCCourtlist 23
Case
[2017] TASSCCourtlist 23
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Tasmania involved a civil dispute between John Fuglsang Developments Pty Ltd and Salamanca Inn Holdings Pty Ltd on one side, and Hobart City Council and Sultan Holdings Pty Ltd on the other. The parties were engaged in a legal battle concerning costs, with the applicants seeking an order for the respondents to pay their costs of the application. The case was heard in Court 2 by Justice Wood.

The primary legal issue before the court was whether the applicants were entitled to an order for costs from the respondents. This required the court to consider the circumstances of the case, including the conduct of the parties and the outcome of the proceedings. The court had to determine if the applicants had acted reasonably and whether the respondents' conduct justified an order for costs.

Justice Wood carefully reviewed the evidence and submissions from both parties. The court assessed the reasonableness of the applicants' conduct and the merits of the respondents' arguments. After considering the applicable legal principles, Justice Wood concluded that the applicants had acted reasonably and that the respondents' conduct warranted an order for costs. Consequently, the court ruled in favour of the applicants, ordering the respondents to pay the costs of the application.

The final orders of the court directed that the respondents, Hobart City Council and Sultan Holdings Pty Ltd, were to pay the costs of the application to the applicants, John Fuglsang Developments Pty Ltd and Salamanca Inn Holdings Pty Ltd, in accordance with the court's assessment of reasonableness and the outcome of the proceedings.

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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