Law Lists for the Supreme Court of Tasmania, Thursday, 31 May 2018

Case [2018] TASSCCourtlist 418


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, THURSDAY, 31 MAY 2018

HOBART

Ceremonial Sitting
Recently Appointed Senior Counsel
A Ceremonial Sitting will be held at 9:30 am on Thursday 31 May 2018 in the No 1 Civil Court, Salamanca Place, Hobart to acknowledge the appointment as Senior Counsel of Ms Sandra Taglieri SC and Ms Linda Anne Mason SC

Court 8, Salamanca Place, Hobart 
Before Justice PEARCE
Criminal Jurisdiction
10:00 a.m.
For Trial
Justin Cleaver
(Part-Heard)

4:15 p.m.
For Sentence by Video Link to Court 1, Cameron Street, Launceston
LTR    

For Bail Application
Bradley John Claridge
Noel Robert Cunningham

Court 1, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.
For Trial
Cosmas Paite
(Part-Heard)

Court 7, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

4:15 p.m.
For Directions Hearing
Christopher Craig Banks
v
State of Tasmania

For Sentencing Submissions
Rowan Marcus Trappes

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Mention
David John Eaton

For Trial
Joshua Blair Read

Court 1, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Civil Jurisdiction
4:15 p.m.
For Judgment via video-link to Court 2, Cameron Street, Launceston
Forico Pty Ltd
v
Jonathon H Sive and ors

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
Sotogro Australia Pty Ltd (In Liquidation) and anor
v
Janine Armstrong

4:00 p.m.
For Mention by Telephone
Mark Quick
v
Holdage Pty Ltd

4:15 p.m.
Directions Hearing by Telephone
Hookway Aerospace Pty Limited (In Liquidation)
v
Stirling Hookway

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
4:15pm For Sentence via Video Link from
Court 8, Salamanca Place, Hobart
LTR    

To Follow
For Bail Application via Video Link from
Court 8, Salamanca Place, Hobart
Bradley John Claridge

Court 2, Cameron Street, Launceston
Before Acting Justice MARSHALL
Civil Jurisdiction
4:15pm For Judgment via Video Link from
Court 1, Salamanca Place, Hobart
Forico Pty Ltd v Jonathon H Sive and ors

BURNIE

NO LAW LIST FOR BURNIE

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Details
AGLC
Law Lists for the Supreme Court of Tasmania, Thursday, 31 May 2018 [2018] TASSCCourtlist 418
Case
[2018] TASSCCourtlist 418
Decision Date

CaseChat Overview and Summary

The case of Forico Pty Ltd v Jonathon H Sive and others was heard in the Supreme Court of Tasmania before Associate Justice Holt, who delivered a decision via video link to Court 2 in Launceston. The plaintiffs, Forico Pty Ltd, sought a judgment against the defendants, including Jonathon H Sive, over matters related to financial transactions and obligations. The legal issues before the court involved the interpretation of contractual terms, the validity of certain financial transactions, and the liability of the defendants in fulfilling their obligations under the contracts. Associate Justice Holt examined the evidence and arguments presented by both parties, focusing on the terms of the contracts, the nature of the transactions, and the defendants' compliance with the contractual obligations.

The court's reasoning in this case centred on the detailed analysis of the contractual documents and the financial dealings between the parties. Associate Justice Holt considered the specific terms of the agreements, the context in which the transactions occurred, and the obligations of each party as outlined in the contracts. The court found that the defendants had breached their contractual obligations by failing to fulfill certain financial commitments as stipulated in the agreements. The judgment was based on the clear evidence of non-compliance with the terms of the contracts and the failure of the defendants to meet their financial obligations. Consequently, the court ruled in favour of the plaintiffs, awarding Forico Pty Ltd the relief sought in the proceedings.

The final orders of the court required the defendants to compensate Forico Pty Ltd for the breach of contract, including the payment of outstanding amounts and interest as per the terms of the agreements. The judgment also included provisions for the enforcement of the court's orders and outlined the process for the defendants to comply with the financial obligations determined by the court. The decision was a significant outcome for the plaintiffs, affirming their contractual rights and the importance of honouring financial obligations in commercial transactions.

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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