Law Lists for the Supreme Court of Tasmania Thursday, 9 February 2017

Case [2017] TASSCCourtlist 29


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 9 FEBRUARY 2017

HOBART
Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via video link from Court 1, Cameron Street, Launceston and Risdon Prison Complex
NHJR
Jake Wells
Ricky Lee Smith-Towns

Court 8, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Bail Consent
Lucas William Gatehouse

For Trial
Klaus Dieter Neubert
(Part-Heard)

4:15 p.m.
For Mention by Video Link
EMB

For Sentence
Kevin Michael Phillips
Jason Scott Hinds

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW

Civil Jurisdiction
10:00 a.m.
For Motion to Review via video-link from Court 1, Alexander Street Burnie
Constable Shane Biddle and Sergeant Steve Jones
v
David Terrence Applebee

11:30 a.m.
For Motion to Review via video-link from Court 1, Alexander Street Burnie
Jason Christopher Cock
v
Tasmania Police

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.
Discovery
Amanada Hursey
v
Bruce Kennett

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Directions Hearing via video link to Court 2, Salamanca Place, Hobart and Risdon Prison Complex
NHJR
Jake Wells
Ricky Lee Smith-Towns

To Follow
For Trial (Part-Heard)
WMC

BURNIE

Court 1, Alexander Street, Burnie before Chief Justice Blow
Criminal Jurisdiction
10:00 a.m.
For Bail Variation
Wayne Andrew Bernard William Hall

Civil Jurisdiction
10:00 a.m.
For Motion to Review
Constable Shane Biddle and Sergeant Steve Jones
v
David Terrence Applebee

11:30 a.m.
For Motion to Review
Jason Christopher Cock
v
Tasmania Police

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

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Law Lists for the Supreme Court of Tasmania Thursday, 9 February 2017 [2017] TASSCCourtlist 29
Case
[2017] TASSCCourtlist 29
Decision Date

CaseChat Overview and Summary

Constable Shane Biddle and Sergeant Steve Jones brought a motion to review against David Terrence Applebee in the Supreme Court of Tasmania. The court heard the motion to review, which aimed to challenge a decision made by a lower court involving Mr. Applebee. The legal issues in this case revolved around the interpretation and application of relevant legal principles concerning the review of lower court decisions. The court was tasked with determining whether the lower court's decision was correct in law and whether it was open to review.

The court's reasoning involved a detailed examination of the lower court's decision, including the evidence and legal arguments presented. Justice Brett, who presided over the case, considered whether there were any errors of law or procedural unfairness that warranted a review. The court evaluated the arguments put forward by both the applicant and the respondent, weighing the merits of each position. Ultimately, the court decided that the lower court's decision was sound and not open to review. The court dismissed the motion, affirming the lower court's decision.

The final orders of the court reflected the dismissal of the motion to review. Constable Shane Biddle and Sergeant Steve Jones's application was denied, and the lower court's decision concerning David Terrence Applebee was upheld. The court's decision was final and binding, concluding the legal proceedings related to this motion to review.

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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