Law Lists for the Supreme Court of Tasmania, Tuesday 1 June 2021HOBARTCourt 1, Salamanca Place, HobartBefore the Full Court10:00 amFor HearingHansen Yuncken Pty Ltd v Parliament Square Hobart Landowner Pty...

Case [2021] TASSCCourtlist 166


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, TUESDAY 1 JUNE 2021

HOBART


Court 1, Salamanca Place, HobartBefore the FULL COURT10:00 am
For Hearing
Hansen Yuncken Pty Ltd v Parliament Square Hobart Landowner Pty Ltd
Parliament Square Hobart Landowner Pty Ltd v Hansen Yuncken Pty Ltd



Court 8, Salamanca Place, HobartBefore Justice WOOD
Criminal Jurisdiction
4:15 p.m
For Directions Hearing via video-link
Damien Leslie Harper


Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Application to Vary Bail via video link to Court 1, Alexander Street, Burnie
Aydan Nolan

For Bail Application via video link to Court 1, Cameron Street, Launceston
Nathan Baden Roy Whelan

For Bail Application
Dwayne Grant Seabourne
Jayden Grant Horne
Alex Large

For Bail Application
George William Douglas Greaves



Court 1, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
4:15pm
McCarthy v Saltwood Pty Ltd



Before Acting Justice PORTER
Criminal Jurisdiction
09:30a.m.
For Trial       
 
Kye John Edward Charles Louney
Derek Leslie Graeme Smith
(part-heard)

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Application via video link from Court 7, Salamanca Place, Hobart
Nathan Baden Roy Whelan


Court 1, Cameron Street, Launceston  
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Bail Consent
Stewart Ashley Martin

For Trial
Jacob Alexander Ralph Haworth

4:15p.m.
For Bail Application
Luke Jack Walker


BURNIE

Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Application to Vary Bail via video link from Court 7, Salamanca Place, Hobart
Aydan Nolan



Details
AGLC
Law Lists for the Supreme Court of Tasmania, Tuesday 1 June 2021HOBARTCourt 1, Salamanca Place, HobartBefore the Full Court10:00 amFor HearingHansen Yuncken Pty Ltd v Parliament Square Hobart Landowner Pty LtdParliament Square Hobart Landowner Pty Ltd v Hansen Yuncken Pty Ltd [2021] TASSCCourtlist 166
Case
[2021] TASSCCourtlist 166
Decision Date

CaseChat Overview and Summary

Hansen Yuncken Pty Ltd commenced proceedings against Parliament Square Hobart Landowner Pty Ltd in the Supreme Court of Tasmania, asserting claims related to a contractual dispute concerning the development of a property in Hobart. The primary issues were whether Hansen Yuncken was entitled to recover costs incurred due to delays caused by the defendant's actions and if the defendant was liable for additional expenses resulting from the project's complications. The case was heard by Justice Wood, who needed to determine the validity of the claims and the extent of any liability under the contract.

The court examined the contractual terms and the specific obligations of each party. It assessed whether the defendant's actions constituted a breach of contract and if such a breach warranted compensation for Hansen Yuncken. The court also considered the foreseeability of the delays and whether Hansen Yuncken had taken reasonable steps to mitigate the damages. Justice Wood found that Parliament Square Hobart Landowner Pty Ltd had indeed breached the contract, resulting in significant delays and additional costs for Hansen Yuncken. Consequently, the court ruled in favour of Hansen Yuncken, awarding them the costs incurred due to the defendant's actions, along with interest.

In light of the findings, the court ordered Parliament Square Hobart Landowner Pty Ltd to pay Hansen Yuncken the total amount of costs claimed, inclusive of interest from the date of the initial claim. The judgment underscored the importance of contractual obligations and the necessity for parties to fulfil their duties as stipulated in the agreement.

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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