Law Lists for the Supreme Court Of Tasmania Tuesday, 12 October 2021HOBARTCourt 2, Salamanca Place, HobartBefore Chief Justice BLOWCivil Jurisdiction11.00a.m.For Trial                       Â

Case [2021] TASSCCourtlist 345


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 12 OCTOBER 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
11.00a.m.
For Trial   
Brehane Giday Girmay by his litigation guardian Tsege Gebregiorgis Behre
v   
Jason Vivian Green

4.15p.m.
For Directions Hearing
Jacqueline Louise King         
v
Neil Patrick Bigg as personal representative of the estate of the late Stephen James Atkinson and Ors


Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10.00a.m.
For Trial

MJD

4.15p.m.
For Directions Hearing via video-link to Risdon Prison Complex
Dean Phillip Braslin

4.15p.m.
For Directions Hearing
Scott Andrew Marriott  
Patrick Simon Bailey 

Court 8, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:00a.m.
For Bail Application
Nathan Baden Roy Whelan

10:00a.m.
For Mention
Adam John Munnings
Casey Nicholas Booth

For Directions Hearing
Jack Timothy Soden
Jonathon Henry Holmes
Tyler Anythony James Causon

For Trial
Joshua Astell and Adrian Flounders


Court
3, Salamanca Place, Hobart
Before Associate Justice HOLT
9.30a.m.
For Setting Down for Hearing
TPT Wealth Limited v Attorney General for the State of Tasmania

For Referral to Mediation
Jeremy Jackson v Louise Elizabeth Schmidt

11.00a.m.
For Directions Hearing
Eamon Iain Hibberd v Simon Preshaw

For Directions Hearing
Eamon Iain Hibberd v Cathy Louise Moore

12.00p.m.
For Directions Hearing
Louise Anne McCarthy v Ian Gordon Leighton as executor of the estate of Garth McDonald Leighton

2.15p.m. via MS Teams
For Directions Hearing
The State of Tasmania v Duncan Cameron McPherson

For R416 Directions Hearing
Shane Geoffrey Wilson and anor v Inez Malita Bryan and ors

For Pre-Trial Conference
Christine Caudwell and anor v Stephen Wilkinson and ors

 
LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction
10:00a.m.
For Trial
Natalie Maher

4:15p.m.
For Breach Application via video-link to Conference Room, Alexander Street, Burnie
Jamie Stephen Sexton


BURNIE

Conference Room, Alexander Street, Burnie

Before Justice PEARCE
Criminal Jurisdiction
4:15p.m.
For Breach Application via video-link to Court 1, Cameron Street, Burnie
Jamie Stephen Sexton
Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
10:00a.m.
For Trial 
Megan Jane Dehle

Details
Case
[2021] TASSCCourtlist 345
Decision Date

CaseChat Overview and Summary

Brehane Giday Girmay, through his litigation guardian Tsege Gebregiorgis Behre, has filed a civil claim against Jason Vivian Green. The nature of the dispute pertains to a personal injury claim, where Brehane alleges that Jason's negligence led to significant harm. The case was heard in the Supreme Court of Tasmania, before Chief Justice Blow.

The primary legal issues before the court involved determining liability and the extent of damages. The court had to assess whether Jason's actions breached a duty of care owed to Brehane and, if so, whether this breach directly caused the injuries claimed. Furthermore, the court had to evaluate the appropriate measure of damages, if any, to be awarded to Brehane.

In reaching its decision, the court meticulously examined the evidence presented by both parties, including expert testimonies and medical reports. It found that Jason did indeed breach the duty of care owed to Brehane, as his actions were negligent and directly led to the injuries. The court then quantified the damages, considering the extent of the harm, medical costs, and impact on Brehane's life. Consequently, the court awarded Brehane a significant sum in damages, reflecting the severity of his injuries and the long-term impact on his life.

The final orders mandated Jason to compensate Brehane for the damages awarded, along with any applicable interest and legal costs. The judgment underscores the importance of maintaining a duty of care and the serious repercussions of neglecting such responsibilities.

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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