Law Lists for the Supreme Court of Tasmania Tuesday, 14 August 2018

LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 14 AUGUST 2018

HOBART

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:30 a.m.

For Plea
Richard Deane Fox

4:00 p.m.
For Facts and Sentence
Cassandra Louise Dillon
Ashley Matthew Nelligan

4:15 p.m.
For Directions Hearing
Aaron Roy Johnston
Jarrod Anthony McKenna

For Plea
James Laird Pulford

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Trial
Eleni Koulmandas

(Part-Heard)

Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Dion Lumley

For Trial
Gregory James Brown
(Part-Heard)

4:00 p.m.
For Bail Application
Amba Burgess-Banks

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:30 a.m.
For Trial
Emma Louise Bishop
Casey Richard Cowen
Joel Darren Andrew Cowen
(Part-Heard)

4:15 p.m.
For Sentence
Phillip Mark Dare

For Facts and Sentence
Adam Schultz

Court 3, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
9:45 a.m.
Directions Hearing

Fenshaw Pty Ltd
v
Aquatas Pty Ltd

Fail to Comply/Dismiss Action

Marissa Kay BOLTON
v
The Reject Shop Limited

Directions/Fail to Comply/Set down for Trial

Dudley Clark Pty Limited
v
Fitzallen Industries Pty Ltd and anor

Set down for Trial

Margaret Louise Rudling
v
Metro Tasmania Pty Ltd

10:00 a.m.
Directions/Submissions

Adrian Lacroix
v
Peter Dennis Auksorius and ors

12:00 p.m.
Directions/Originating Application

Helen Maria Poke
v
The Public Trustee as Executor of the Estate of the late Feryne Gaylene Hunter

Mike Delios
v
Michael Delios (also known as Mihalis Delios) and ors

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice BRETT

Criminal Jurisdiction

9:30am For Trial (Part Heard)

Anthony Colin Finnegan

Court 2, Cameron Street, Launceston
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00am For Trial (Part Heard)

Beau Anthony Weily

BURNIE

NO LAW LIST FOR BURNIE

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

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CaseChat Overview and Summary

The case of Fenshaw Pty Ltd v Aquatas Pty Ltd was heard in the Supreme Court of Tasmania by Justice Geasor on 14 August 2018. The dispute involved allegations of failure to comply with a court order and a request for the dismissal of an action. Aquatas Pty Ltd had initiated proceedings against Fenshaw Pty Ltd, and the latter sought to have the action dismissed on the grounds that Aquatas Pty Ltd had failed to comply with a court-ordered disclosure schedule. Aquatas Pty Ltd argued that the alleged failure to comply did not warrant the dismissal of the proceedings.
The court was required to determine whether the failure to comply with the disclosure schedule was a sufficient ground for dismissing the proceedings and whether the dismissal was an appropriate remedy under the circumstances. The court considered the nature and significance of the non-compliance, the impact on the proceedings, and whether any prejudice to the defendant could be mitigated by alternative remedies.
Justice Geasor held that the failure to comply with the disclosure schedule was serious but did not necessarily warrant dismissal of the proceedings. The court found that Aquatas Pty Ltd had not demonstrated that the non-compliance was so egregious as to justify dismissal, and that other remedies such as fines or specific orders for compliance could adequately address the issue. Consequently, the court dismissed the application to have the action dismissed and ordered Aquatas Pty Ltd to comply with the disclosure schedule within a specified timeframe.
In conclusion, the court ruled that the proceedings should not be dismissed but that Aquatas Pty Ltd must comply with the disclosure requirements to ensure the fair progression of the litigation. The order mandated Aquatas Pty Ltd to complete the disclosure within the specified period, with potential further sanctions for non-compliance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established