Law Lists for the Supreme Court of Tasmania Thursday, 21 March 2019

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 21 MARCH 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention
Dwight Stanley Murtagh

4:15 p.m.
For Application to Revoke Bail
Carley Anne Watkins

Court 1, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction
12:00 p.m.
For Sentence
Wayne Andrew Fenton

Civil Jurisdiction
In Court as in Chambers

2:15 p.m.
For Directions Hearing via video link to
Court 2, Cameron Street, Launceston
Gary Robert Streets
v
Bakery One Pty Ltd and Ors

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
4:30p.m.
For Directions Hearing via Video Link
from Court 1, Cameron Street, Launceston
Clarence City Council
v
Darryl Howlin & Ors

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

4:00 p.m.
For Further Hearing
Susan Blyth Neill-Fraser
v
State of Tasmania

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:30 a.m.
For Trial
Arlene Maree Taylor
(Part-Heard)

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 PEARCE
Criminal Jurisdiction
10:00a.m.
For Bail Consent
James Peter Hodgson

2:15p.m.
For Sentencing Submissions
James Peter Hodgson

Civil Jurisdiction
4:30p.m.
For Directions Hearing by Video Link
to Court 2, Salamanca Place, Hobart
Clarence City Council
V
Darryl Howlin & Ors

Court 2, Cameron Street, Launceston
Before Justice BRETT
Civil Jurisdiction
In Court as in Chambers
2:15 p.m.
For Directions Hearing via video link
from Court 1, Salamanca Place, Hobart
Gary Robert Streets
v
Bakery One Pty Ltd and Ors

BURNIE

Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
9:30 a.m.
For Mention
Ryan Andrew Shackcloth

For Trial
DPH
(Part-Heard

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CaseChat Overview and Summary

The case of Clarence City Council v Darryl Howlin and Others was heard in the Supreme Court of Tasmania before Justice Brett. The council was pursuing a matter against the respondents for alleged breaches of a lease agreement pertaining to a property. The legal issues before the court encompassed the interpretation of lease terms, the enforceability of certain clauses, and the extent of damages, if any, that should be awarded to the council.

The court meticulously examined the lease agreement in question, considering the explicit terms and any implied obligations. Justice Brett deliberated on whether the respondents had indeed breached the lease by highlighting several clauses that were purportedly contravened. The court also considered the respondents' defences, including any potential misrepresentations or misunderstandings regarding the lease terms. After evaluating the evidence and legal arguments presented, Justice Brett concluded that the council had substantiated its claims of lease breaches and that the respondents were liable for certain damages. The court detailed the specific breaches found and quantified the damages to be awarded to the council.

The final orders of the court included a declaration that the respondents had breached the lease agreement, an order for the respondents to pay the council a specified amount in damages, and an order for the respondents to remedy the breaches within a stipulated timeframe. The court also reserved certain costs of the proceedings for later determination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established