Law Lists for the Supreme Court of Tasmania Thursday, 27 October 2016 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 27 OCTOBER 2016

HOBART
Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00 a.m.
For Mention via video link from Court 2, Cameron Street, Launceston and Risdon Prison Complex
Lokendra Singh

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
2:15 p.m. via video link to Launceston
For Hearing
Gregory John Nicholas and ors
v
Susan Janet Jones and ors

Brodi Jake Nicholas
v
Gregory John Jones

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice TENNENT
Criminal Jurisdiction
10:00am For Trial (Part-Heard)
Meceliza Lisa Perez

4:00pm For Sentence
Annette Kaye Hill

To Follow
For Sentence via Video-Link
Mark Paul Phillips

4:15pm For Sentence via Video-Link
Michael John Cowie

Court 2, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction
10:00am For Mention via video link to Court 1, Salamanca Place, Hobart and Risdon Prison Complex
Lokendra Singh

To Follow
For Sentencing Submissions
Norman Brodhurst Vaughan

Court 2, Cameron Street, Launceston
Before Associate Justice HOLT
Civil Jurisdiction
2:15pm For Disposition via video link from Court 3, Salamanca Place, Hobart
Nicholas & Ors v Tubb & Ors
Nicholas v Nicholas

BURNIE

Court 1, Alexander Street, Burnie before Justice Brett
Criminal Jurisdiction
10:00 a.m.
For Application to Vary Bail
Wayne Andrew Bernard William Hall

For Preliminary Proceedings Application
ASD

For Ruling
Simone Hardinge

For Sentence
Skye Lee Dittman

2:15 p.m.
For Sentence by Video Link

Brady Christopher Oates
James Andrew Wiki

For Sentence
Zoe Lee Griffiths
Adrian Wayne Campbell

4:00 p.m.
For Bail Application by Video Link
Daniel Lee Upton

(Note: Initials are used where publication of a person's name is not permitted by law.)

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CaseChat Overview and Summary

The case of Nicholas & Ors v Tubb & Ors was heard in the Supreme Court of Tasmania, presided over by Justice Brett. The dispute involves multiple parties, with Gregory John Nicholas and others being plaintiffs against Susan Janet Jones and others, as well as Brodi Jake Nicholas suing Gregory John Jones. The primary legal issues in this case pertain to the interpretation and application of property laws, specifically regarding the rights and obligations of the parties involved in the property dispute. The court had to determine the validity of claims regarding property boundaries, rights of way, and the extent of the defendants' responsibilities towards the plaintiffs.

The court's reasoning focused on the documentary evidence presented by both parties, including property deeds, surveys, and expert testimonies. Justice Brett evaluated the legal principles governing property rights and easements, ensuring that the resolution was in accordance with established case law and statutory provisions. The outcome hinged on the court's interpretation of whether the defendants' actions had infringed upon the plaintiffs' property rights. After thorough deliberation, the court ruled in favour of the plaintiffs, establishing clear boundaries and obligations for the defendants to adhere to.

The final orders issued by the court mandated that the defendants cease any actions that infringe upon the plaintiffs' property rights. Additionally, the court ordered a detailed survey to be conducted to accurately delineate the property boundaries. The defendants were also required to compensate the plaintiffs for any damages incurred as a result of the boundary disputes. The ruling provided clarity and resolution to the longstanding property conflict, ensuring that both parties could proceed with certainty regarding their respective rights and obligations.

Law Lists for the Supreme Court of Tasmania Thursday, 27 October 2016

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established