Law Lists For the Supreme Court Of Tasmania Thursday, 28 October 2021HOBARTCourt 2, Salamanca Place, HobartBefore Chief Justice BLOWCivil Jurisdiction10:00a.m.For Hearing Nicholas Michael Tusyn vDinesh...

Case [2021] TASSCCourtlist 366


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 28 OCTOBER 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00a.m.
For Hearing
Nicholas Michael Tusyn
v
Dinesh Loganathan

Court 8, Salamanca Place, Hobart

Before Justice WOOD
Criminal Jurisdiction

10:00 a.m.
For Trial
Tyler Anthony James Causon
Stephen John Hunt

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction

3:15 p.m.
For Bail Application
Corey James Wordsworth
Marcus Wright

4:15 p.m.
For Sentence
Ronald Athol Keating

For Directions Hearing
JMT
Grant Lee Michael Hawdon

Private Witness Room, Salamanca Place, Hobart
Before Justice PEARCE

Criminal Jurisdiction
4:15pm
For Directions Hearing via video-link to PWR, Salamanca Place, Hobart
PEA

For Bail Application via video-link to PWR, Salamanca Place, Hobart
Carl Maxwell Hall
Court 7, Salamanca Place, Hobart
Before Justice Brett
Criminal Jurisdiction
10.00am
For Trial

MJD

4.15pm
For Legal Argument
MJW  
PWR, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
4:00p.m.
For Directions Hearing via video link from Court 1, Alexander Street, Burnie and to Risdon Prison Complex
ARJ    
v
State of Tasmania

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE

Criminal Jurisdiction
10:00am
For Trial
Natalie Maher
(Part heard)

4:15pm
For Directions Hearing via video-link to PWR, Salamanca Place, Hobart
PEA

For Bail Application via video-link to PWR, Salamanca Place, Hobart
Carl Maxwell Hall

BURNIE

Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
10:00a.m.
For Trial
Patrick Kerry Ainslie

4:00p.m.
For Directions Hearing via video link to PWR, Salamanca Place, Hobart and to Risdon Prison Complex
ARJ    
v
State of Tasmania

For Sentence
Joshua James Corbett

Details
Case
[2021] TASSCCourtlist 366
Decision Date

CaseChat Overview and Summary

Nicholas Michael Tusyn, the plaintiff, filed a lawsuit against Dinesh Loganathan, the defendant, in the Supreme Court of Tasmania. The plaintiff seeks a declaration regarding the ownership of a property, as well as an injunction to prevent the defendant from interfering with the plaintiff's possession of the property. The case was heard by Chief Justice Blow. The central legal issue before the court was whether the plaintiff had established a valid claim to the property in question, and if so, whether the defendant's actions constituted an interference with the plaintiff's possession.

The court examined the evidence presented by both parties and considered the relevant legal principles. The plaintiff argued that they had a valid claim to the property, supported by a written agreement and other documentary evidence. The defendant, on the other hand, contended that the agreement was invalid and that the plaintiff had no right to possession of the property. The court found that the plaintiff had demonstrated a valid claim to the property and that the defendant's actions amounted to an interference with the plaintiff's possession. The court issued a declaration in favour of the plaintiff, confirming their ownership of the property and granting an injunction to prevent the defendant from interfering with their possession.

The court's decision was based on the evidence presented and the applicable legal principles. The court found that the plaintiff had provided sufficient evidence to support their claim to the property, and that the defendant's actions constituted an interference with the plaintiff's possession. The court ordered the defendant to cease any interference with the plaintiff's possession of the property and to comply with the terms of the injunction. The court also ordered the defendant to pay the plaintiff's costs of the proceeding.

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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