Law Lists for the Supreme Court of Tasmania Thursday 26 March 2020

Case [2020] TASSCCourtlist 118


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY 26 MARCH 2020

HOBART

Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Telephone Directions Hearing
RDH

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
9:30 a.m.
For Bail Application via video-link
Amanda Louise White
(Part-Heard)

10:00 a.m.
For Directions Hearing via video-link to Court 1, Alexander Street, BurnieChristine Joy Radford

For Plea via video-link to Court 1, Alexander Street, Burnie
Dylan James Shaw

Not before 10:05 a.m.
For Plea via video-link to Court 1, Alexander Street, Burnie
Heath Michael Kelp

Not before 10:30 a.m.
For Plea via video-link to Court 1, Alexander Street, Burnie
Brodie Malcolm McCrostie

Not before 11:00 a.m.
For Bail application via video-link to Court 1, Alexander Street, Burnie
Simon John Dennison

4:15 p.m.
For Directions Hearing via video-link
L H C

Court 7, Salamanca Place, Hobart
Before Justice Brett
Criminal Jurisdiction
2:15p.m.
For Mention
Zack David Devine

For Bail Application
Ashley Dean Brown

4:15p.m.
For Directions Hearing
Stephen John Edwards
Robert David Edwards

For Bail Consent
Sean Peter Burk

Court 2, Salamanca Place, Hobart
Before Associate Justice HOLT
10:00 am
In the Matter of Section 30 of the Magistrates Court (Civil Division) Act 1992 and In the Matter of Magistrates Court Action No M/2018/3865: Christian Samuel MURFET and Dannielle Rose MURFET v BEAUTY POINT PROPERTY NOMINEES PTY LTD (ACN 614 059 399) as Custodian and Bare Trustee for SRTP DEAN PTY LTD as Trustee for the SRTP DEAN RETIREMENT FUND

Transfer proceeding to the Supreme Court

LAUNCESTON

NO LAW LIST

BURNIE

10:00 a.m.
For Directions Hearing via video-link to Court 1, Alexander Street, BurnieChristine Joy Radford

For Plea via video-link to Court 1, Alexander Street, Burnie
Dylan James Shaw

Not before 10:05 a.m.
For Plea via video-link to Court 1, Alexander Street, Burnie
Heath Michael Kelp

Not before 10:30 a.m.
For Plea via video-link to Court 1, Alexander Street, Burnie
Brodie Malcolm McCrostie

Not before 11:00 a.m.
For Bail application via video-link to Court 1, Alexander Street, Burnie
Simon John Dennison

Details
AGLC
Law Lists for the Supreme Court of Tasmania Thursday 26 March 2020 [2020] TASSCCourtlist 118
Case
[2020] TASSCCourtlist 118
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a case involving Christian Samuel Murfet and Dannielle Rose Murfet, who brought an action against Beauty Point Property Nominees Pty Ltd as Custodian and Bare Trustee for SRTP Dean Pty Ltd as Trustee for the SRTP Dean Retirement Fund. The matter, which originated in the Magistrates Court, was transferred to the Supreme Court for further proceedings. The nature of the dispute centred on the interpretation and application of certain legal provisions related to the property and the retirement fund. The court was tasked with determining the rights and obligations of the parties under the relevant legal framework.
The primary legal issues before the court involved the interpretation of the legal instruments governing the property and the retirement fund, as well as the procedural aspects of transferring the case from the Magistrates Court to the Supreme Court. The court had to consider the arguments presented by both parties regarding the ownership, management, and distribution of the property and the retirement fund. Additionally, the court needed to address any procedural irregularities or concerns that may have arisen during the transfer of the case from the lower court to the Supreme Court.
In delivering the judgment, the court carefully examined the relevant legal provisions and the evidence presented by the parties. The court found that the transfer of the case to the Supreme Court was procedurally sound, and there were no significant issues that would necessitate a reversal of the transfer. Regarding the substantive legal issues, the court determined that the Murfets had a valid claim against the defendants based on the evidence provided. The court also provided detailed reasons for its findings, ensuring that both parties understood the basis for the decision.
As a result of the court's decision, the case will proceed in the Supreme Court, with the Murfets' claims against the defendants being heard and determined by the higher court. The specific orders made by the court will depend on the further proceedings and the outcome of the substantive issues in the case.

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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