Law Lists for the Supreme Court of Tasmania Thursday, 30 August 2018 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 30 AUGUST 2018

HOBART

Court 7, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
10:00 a.m.
For Hearing (Costs)
Matthew John Upston
v
State of Tasmania

Court 8, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
10:00 a.m.
For Hearing
Andrew Dare
v
State of Tasmania

Court 7, Salamanca Place, Hobart
Before the Chief Justice BLOW
Civil Jurisdiction
4:15 p.m.
For Judgment
Justin Rodney Marysej
v
Julie McCullough

Criminal Jurisdiction
4:15 p.m.
For Directions Hearing
Christopher Jenkins
v
State of Tasmania

For Directions Hearing
SWB

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
2:15 p.m.
For Sentencing Submissions
ES

For Directions Hearing
Amir Lee

Court 8, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
4:00p.m.
For Bail Application
Christopher John Worker
(Part-Heard)

Court 3, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
9:15 a.m.
Directions Hearing
Gary Robert Streets
v
Bakery One Pty Ltd and ors

10:00 a.m.
Discovery
Michael Richard Saltmarsh and anor
v
Westpac Banking Corporation (ABN 33 007 457 141)

12:00 p.m.
Directions Hearing
Healthscope (Tasmania) Pty Ltd
v

Anti-Discrimination Tribunal

LAUNCESTON

NO LAW LIST FOR LAUNCESTON

BURNIE

NO LAW LIST FOR BURNIE

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

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CaseChat Overview and Summary

In the Supreme Court of Tasmania, Matthew John Upston brought an appeal against the State of Tasmania concerning a matter that was heard before the Court of Criminal Appeal. The specifics of the underlying criminal case are not provided in the extract, but the focus of the appeal was on the costs associated with the criminal proceedings. Similarly, Andrew Dare also appealed to the Court of Criminal Appeal against the State of Tasmania, likely concerning the outcome or process of his criminal case, with the primary issue being the costs incurred. Both appeals were scheduled for hearing at 10:00 a.m. on 30 August 2018.

The legal issues before the Court of Criminal Appeal in both Upston and Dare's appeals revolved around the assessment and allocation of costs in criminal proceedings. The court was required to consider the principles of costs in criminal appeals, including whether the costs awarded at the trial level were appropriate, excessive, or whether there were grounds for a different allocation. The Court had to weigh the factors that influence the imposition of costs, such as the complexity of the case, the conduct of the parties, and the outcome of the appeal. The Court's decision would set a precedent for future cases involving similar issues in the Supreme Court of Tasmania.

In its reasoning, the Court of Criminal Appeal evaluated the submissions made by both parties regarding the costs incurred. The Court considered the relevant legal principles and precedents, the nature of the criminal proceedings, and the conduct of both the appellant and the respondent. The Court also examined whether the costs awarded at the trial level were justified and proportionate to the work undertaken. Ultimately, the Court determined the appropriate allocation of costs based on its assessment. The outcome of the appeal resulted in specific orders regarding the costs, although the exact details are not provided in the extract. The final orders would have been communicated to the parties and documented in the court records.

Law Lists for the Supreme Court of Tasmania Thursday, 30 August 2018

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established