Law Lists for the Supreme Court of Tasmania, Thursday, 5 December 2019

Case [2019] TASSCCourtlist 222


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, THURSDAY, 5 DECEMBER 2019

HOBART

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
1:45p.m.
For Directions Hearing via video link
to Risdon Prison Complex
Damian Leslie Harper

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction

10:00 a.m.
For Hearing
Sanders Moen Frith-Brown
v
Roberts Ltd

Court 2, Salamanca Place, Hobart
Before Justice WOOD

Criminal Jurisdiction
4:15 p.m.

For Directions Hearing
Mark Rodney Jones
v
State of Tasmania

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Consent
Justin Richard Maynard
Luke Arthur Waddell-Smith

For Trial
Michael David Maple
(Part-Heard)

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30a.m.
For Legal Argument
Stephen John Edwards
Robert David Edwards

12:00p.m.
For Legal Argument
Xinyi Li
Xin Wang

4:15p.m.
For Directions Hearing
Jamie Trevor Rex Tunks

For Directions Hearing via video link to
Court 1, Alexander Street, Burnie
Saxon John Horton

For Sentence
Marcus Raymond Hardwick

Court 3, Salamanca Place, Hobart via video link to
Court 2, Cameron Street, Launceston
Before Associate Justice HOLT
9.15 am
Bulk Frozen Foods Pty Ltd v Donald Moylan as trustee
for the Colledge Moylan Family Trust t/as Termal Logic
Set aside writ/Renew writ (for mention only)

Jane Louise Watts v June Maureen Sculthorpe
Directions hearing/Application for consent orders

Russell James Digney v Scott Andrew Watterson
Directions hearing/Application for consent orders

John Lewis Perkins v William Douglas Edwards
(as executors of the will of Kemball Lewis Perkins)
Originating application/Directions hearing

Estate of Kemball Lewis Perkins:  Geraldine Mary Perkins
v William Douglas Edwards & Anthony Wayne Seymour
as executors of the will of Kemball Lewis Perkins
Originating application/Directions hearing

David Val Perkins v William Douglas Edwards
(as executor of the will of Kemball Lewis Perkins)
Originating application/Directions hearing

Estate of Kemball Lewis Perkins:  Michael David Perkins
v William Douglas Edwards & Anthony Wayne Seymour
(as executors of the will of Kemball Lewis Perkins)
Originating application/Directions hearing

9.30 am
Commonwealth Bank of Australia v Elizabeth Joan Voorham
Possession

Australia and New Zealand Banking Group v Lee Stephen Bedford
Possession

Commonwealth Bank of Australia v Hayden James Ellis
Possession

Secure Funding Pty Ltd v Peter David McKercher
Possession

Court 3, Salamanca Place, Hobart
11am
Patricia Sculthorpe v Anne Brown Wilson
Leave to amend/Dismiss claim for want of prosecution (for hearing)

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice Pearce
Criminal Jurisdiction
4:15p.m.
For Sentence
Clinton Charles Wilson

Court 2, Cameron Street, Launceston
via video link from Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9.15 am
Bulk Frozen Foods Pty Ltd v Donald Moylan as trustee
for the Colledge Moylan Family Trust t/as Termal Logic
Set aside writ/Renew writ (for mention only)

Jane Louise Watts v June Maureen Sculthorpe
Directions hearing/Application for consent orders

Russell James Digney v Scott Andrew Watterson
Directions hearing/Application for consent orders

John Lewis Perkins v William Douglas Edwards
(as executors of the will of Kemball Lewis Perkins)
Originating application/Directions hearing

Estate of Kemball Lewis Perkins:  Geraldine Mary Perkins
v William Douglas Edwards & Anthony Wayne Seymour
as executors of the will of Kemball Lewis Perkins
Originating application/Directions hearing

David Val Perkins v William Douglas Edwards
(as executor of the will of Kemball Lewis Perkins)
Originating application/Directions hearing

Estate of Kemball Lewis Perkins:  Michael David Perkins
v William Douglas Edwards & Anthony Wayne Seymour
(as executors of the will of Kemball Lewis Perkins)
Originating application/Directions hearing

9.30 am
Commonwealth Bank of Australia v Elizabeth Joan Voorham
Possession

Australia and New Zealand Banking Group v Lee Stephen Bedford
Possession

Commonwealth Bank of Australia v Hayden James Ellis
Possession

Secure Funding Pty Ltd v Peter David McKercher
Possession

BURNIE

Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
For Directions Hearing via video link from
Court 7, Salamanca Place, Hobart
Saxon John Horton

Court 1, Alexander Street, BurnieBefore Justice GEASONCriminal Jurisdiction10:00 a.m.
For Mention
Simon Michael Nasiukiewicz
Jarrad Christian Robaard
Thomas Henry Cohen
Jason Paul Fitzpatrick
Anthony Leonard Clark

For Directions Hearing
Malcom Joseph Michael Radford
Patrick Kerry Ainslie
ACL

For Plea
Tyson James Hayes
OEW
Felicia Ann Jackson
Cathryn May Ellis

For Sentence
James Lee Harper
Not Before 2:15pm
For Bail Application
Zannon Tony Howard

Details
AGLC
Law Lists for the Supreme Court of Tasmania, Thursday, 5 December 2019 [2019] TASSCCourtlist 222
Case
[2019] TASSCCourtlist 222
Decision Date

CaseChat Overview and Summary

On 5 December 2019, the Supreme Court of Tasmania heard a range of civil and criminal matters in Hobart, Launceston and Burnie. In Hobart, Justice Wood presided over a hearing in Sanders Moen Frith-Brown v Roberts Ltd, and a directions hearing in Mark Rodney Jones v State of Tasmania. In Launceston, Justice Pearce heard a sentence matter in Clinton Charles Wilson, while in Burnie, Justice Brett heard a directions hearing in Saxon John Horton, and Justice Geason heard a plea in Tyson James Hayes.

The court was required to address various legal issues across the cases heard. In Sanders Moen Frith-Brown v Roberts Ltd, the court needed to determine the appropriate procedural steps for the case. In Mark Rodney Jones v State of Tasmania, the court had to consider whether the defendant's rights had been breached. In Clinton Charles Wilson, the court had to decide on an appropriate sentence for the defendant. In Tyson James Hayes, the court had to determine whether the defendant's plea was appropriate.

In Sanders Moen Frith-Brown v Roberts Ltd, Justice Wood directed the parties to exchange further documents to clarify the issues in dispute. In Mark Rodney Jones v State of Tasmania, Justice Wood found that the defendant's rights had not been breached and dismissed the application. In Clinton Charles Wilson, Justice Pearce sentenced the defendant to imprisonment. In Tyson James Hayes, Justice Geason accepted the defendant's plea of guilty and adjourned the matter for sentencing.

The court made various orders across the cases heard. In Sanders Moen Frith-Brown v Roberts Ltd, the court ordered the parties to exchange further documents. In Mark Rodney Jones v State of Tasmania, the court dismissed the application. In Clinton Charles Wilson, the court sentenced the defendant to imprisonment. In Tyson James Hayes, the court accepted the defendant's plea of guilty and adjourned the matter for sentencing.

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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