Law Lists for the Supreme Court of Tasmania Tuesday, 1 September 2020 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 1 SEPTEMBER 2020

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Jury Empanelment
Brett Knox

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:00 p.m
S C

For Bail Application via video-link
Nicholas Peter Street

4:30 p.m
For Bail Application via video-link
Chelsea Ellen Camino

Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Joshua Blair Read

For Plea
Nicholas John Barrett

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
2:15pm
For Sentencing Submissions
Shannon James Duffy

4:15pm
For Sentencing Submissions via video link
to Court 1, Cameron Street, Launceston
Peter Gary Farrow

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
12:00p.m.
For Mention/Originating Application
Wayne Ward v Kylie Anne Farrell

2:15p.m.
For Mention – First Defendant’s Interlocutory Application
Bulk Frozen Foods Pty Ltd v Donald Moylan as Trustee for the Colledge Moylan Family Trust Trading as Thermal Logic and anor

For Mention – Originating Application
Peter Royston Worrall as legal personal representative of the estate of Chandra Kanta Kumar v Rajesh Jiwan as legal personal representative of the estate of Chandra Kanta Kumar and ors

For Directions Hearing
Michelle Christine Nellis v Darren Richard Taylor and ors

For Strike Out Defence and Counterclaim/ Set Down for Trial
Paul Glover as Trustee of the Glover Family Trust trading as Glover Electric v Rossglengary Pty Ltd

3:00p.m.
By Skype
For Directions Hearing
Firstmac Fiduciary Services Pty Ltd v John Dourias as Trustee of the 60 Barossa Family Trust

For Set Aside Judgment/Dismiss Action
Jason Lee Ronksley and anor v French’s Building Services Pty Ltd and ors

For Originating Application
Selina Rush v Motor Accidents Insurance Board and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m.
For Trial
Benjamin Andrew Stebbeings

4:15p.m.
For Directions Hearing
AJP

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Sentencing Submissions via video link
from Court 8, Salamanca Place, Hobart
Peter Gary Farrow

BURNIE
NO LAW LIST FOR BURNIE

CaseChat Overview and Summary

The matter of Wayne Ward v Kylie Anne Farrell was heard before the Supreme Court of Tasmania in the Court of Associate Justice Holt. The dispute in question involved an originating application brought forth by the plaintiff, Wayne Ward, against the defendant, Kylie Anne Farrell. The central issue revolved around the interpretation and enforcement of a contract between the parties, as well as the validity of certain clauses within the agreement. The court was tasked with determining whether the defendant had breached the terms of the contract and, if so, what remedies were available to the plaintiff.

In assessing the merits of the case, the court meticulously reviewed the contractual documents and the evidence presented by both parties. The primary legal issue was whether the contract was binding and enforceable, and if the defendant had indeed violated its terms. The court considered the principles of contract law, including the intention of the parties, the terms of the agreement, and the circumstances surrounding its formation. Additionally, the court had to evaluate the enforceability of specific clauses within the contract that were in contention.

The court ultimately ruled in favour of the plaintiff, Wayne Ward, finding that the contract was indeed valid and binding. The judge determined that the defendant, Kylie Anne Farrell, had breached the terms of the contract and was liable for the damages claimed. The court outlined the specific clauses that had been violated and provided a detailed analysis of the evidence to support its findings. As a result, the court granted the plaintiff the remedies sought, including damages for the breach of contract.

The final orders of the court mandated that the defendant, Kylie Anne Farrell, compensate the plaintiff, Wayne Ward, for the breach of contract as determined by the court. The defendant was ordered to pay the specified amount of damages to the plaintiff within a specified timeframe. The court also reserved the right to adjust the amount of damages if further evidence or arguments were presented in subsequent proceedings. The decision was binding on both parties, and they were directed to comply with the court's orders.

Law Lists for the Supreme Court of Tasmania Tuesday, 1 September 2020

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established