Law Lists for the Supreme Court of Tasmania Thursday, 30 November 2017 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 30 NOVEMBER 2017

HOBART

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
RWG
(Part Heart)

4:15 p.m.
For Directions Hearing
Joseph Peter Vince
Norman Edward Ohl

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction

9:30 a.m.
For Trial
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
(Part-Heard)

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Mention
Richard Francis Clarke
Jason Samuel McCormick

For Trial
Glenn John McKeown
(Part-Heard)

2:00 p.m.
For Bail Application
Hector Mauricio Volpi
(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

11:30 a.m.
For Hearing via video link to Launceston
In the matter of the Estate of Andrew Smith
and in the matter of an application by Kristy Smith

12:00 p.m.
For Hearing
Chubcak Pty Ltd as trustee of the Chubcak Family Trust
v
John Bignell and ors

LAUNCESTON

Before Justice PEARCE
Criminal Jurisdiction
10:00am For Trial
Kerry Alexander Bilston

4:15pm
For Sentence
JDS

To Follow
For Bail Application
CB

BURNIE

Court 1, Alexander Street, Burnie
Before Justice Wood

Criminal Jurisdiction

9:30 a.m.
For Trial
Daniel Tasman Mark

(Part-Heard)

(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 Supreme Court of Tasmania, presided over by Justice Estcourt, heard a case involving Chubcak Pty Ltd as trustee of the Chubcak Family Trust against John Bignell and others. The dispute centred on an application to the estate of the deceased Andrew Smith and an application by Kristy Smith. The plaintiffs sought orders pertaining to the estate, including the distribution of assets and the validity of certain claims made by Kristy Smith.

The legal issues before the court included determining the rightful beneficiaries of the estate of Andrew Smith and assessing the legitimacy of Kristy Smith's claims against the estate. The court had to interpret the will of Andrew Smith, evaluate the evidence provided by the parties, and determine whether any claims were valid and enforceable.

Justice Estcourt, in delivering the judgment, thoroughly examined the evidence and legal arguments presented. The court found that the claims made by Kristy Smith were unsubstantiated and did not align with the provisions of Andrew Smith's will. Consequently, the court dismissed Kristy Smith's application and ordered that the estate be distributed according to the terms of the will. This decision was based on a detailed analysis of the will, the testimonies of witnesses, and the applicable estate laws in Tasmania.

The final orders of the court included the dismissal of Kristy Smith's application, the validation of the distribution of the estate according to Andrew Smith's will, and the rejection of any claims made by Kristy Smith against the estate.

Law Lists for the Supreme Court of Tasmania Thursday, 30 November 2017

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established