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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- Law Lists for the Supreme Court of Tasmania Tuesday, 14 August 2018 [2018] TASSCCourtlist 483
- Case
- [2018] TASSCCourtlist 483
- Decision Date
CaseChat Overview and Summary
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.
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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