Law Lists for the Supreme Court of Tasmania Thursday, 6 May 2021HOBARTCourt 2, Salamanca Place, HobartBefore Chief Justice BLOWCivil Jurisdiction11:00a.m.For Judicial Review Kondok Mario-Ring vCriminal Injuries...

Case [2021] TASSCCourtlist 135


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 6 MAY 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
11:00a.m.
For Judicial Review
Kondok Mario-Ring
v
Criminal Injuries Compensation Commissioner Piggott

PWR, Salamanca Place, Hobart

Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Directions Hearing via video-link from Court 1, Burnie
Amanda Maree McHugh

Court 1, Salamanca Place, Hobart

Before Justice WOOD
Criminal Jurisdiction
4:00 p.m
For Directions Hearing via video-link from Court 1, Burnie
Darren James McCall

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
10:00 a.m.
For Trial
Allen Michael Prestage and ors v Melissa Jayne Barrett
Michael Thorne and ors v Melissa Jayne Barrett
Scott Francis Howells and ors v Melissa Jayne Barrett
(Part-heard)

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9.30am
For Trial
KWDF           
(Part-heard)

4:15pm
For Mention
Rodney Jeffrey Bailey
Kenneth John Bailey
Brenden Edward Cotter
Matthew Steven McCulloch

For Application to Vary Bail
Cheng Li

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via MS TEAMS
For Directions Hearing
Ronald Alfred Arthur George Garwood v Graeme Bruce Eyles and ors

For Mention
Fiona Adele Smith and ors v Dwayne Albert Cashman

For Directions Hearing
T.R. & K.R. Shipton Pty Ltd v Hongbing Zhao and anor

For Directions Hearing
Dale John Stacey v Narelle Ann Stacey
For R416 Directions Hearing
Jodie Jones v Bradley Robert Jones

11:00a.m. via MS TEAMS
For Hearing
Shanyin Liu v Lottah Mining Pty Ltd

2:15p.m.
For Hearing
Yvonne June Buckley and ors

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Trial
Jack-Harrison Vincent Sadler
(part heard)

4:00pm
For Directions Hearing
Oliver William Clark

4:15pm
For Directions Hearing
Thomas John Radley

For Bail Application via video link to Risdon Prison Complex, 2
Dylan Maxwell Cocker
Jacob Eric Lonergan

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Directions Hearing via video-link to PWR, Hobart
Amanda Maree McHugh

For Directions Hearing
Jayden Peter Busscher
Justin Robert Dare

For Trial
Jayden Garry Fehlberg

For Backstop Trial
Michael Andrew Smith
4:00 p.m
For Directions Hearing via video-link to Court 1, Hobart
Darren James McCall

For Mention via video-link
Ronald Athol Keating

Details
Case
[2021] TASSCCourtlist 135
Decision Date

CaseChat Overview and Summary

The case of Kondok Mario-Ring versus the Criminal Injuries Compensation Commissioner was heard in the Supreme Court of Tasmania. The plaintiff, Kondok Mario-Ring, sought judicial review of the decision by the Commissioner to deny his claim for criminal injuries compensation. The plaintiff contended that the Commissioner's decision was flawed and did not properly take into account all relevant considerations. The legal issues before the court included whether the Commissioner's decision was legally sound and whether the Commissioner had failed to consider relevant evidence.

The court found that the Commissioner had indeed erred in his decision. The court held that the Commissioner had not given proper weight to the evidence presented by the plaintiff and had failed to consider the full extent of the plaintiff's injuries. The court also found that the Commissioner's decision was not supported by the evidence and was therefore unreasonable. As a result, the court granted the plaintiff's application for judicial review and remitted the matter back to the Commissioner for reconsideration. The Commissioner was directed to properly consider all relevant evidence and to make a new decision in accordance with the law. The plaintiff's claim for criminal injuries compensation would then be reconsidered on the basis of the new decision.

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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