Law Lists for the Supreme Court of Tasmania, Tuesday, 16 June 2020

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, TUESDAY, 16 JUNE 2020

HOBART

Court 2, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
4:15 p.m.
For Directions Hearing by Audio-Visual Link
Parliament Square Hobart Landowner Pty Ltd
v Max Tonkin and Hansen Yuncken Pty Ltd

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00a.m.
For Plea
Luke Anthony Shaw

For First Directions Hearing via video-link
John Saether
Ty Ferguson
NLW

For Bail Application via video-link
Daniel Robert Smith
Caleb Anthony Paul Woods

Court 2, Salamanca Place, Hobart
Before Associate Justice HOLT
9.30am
Natasha LAKAEV v Carli McCONKEY
Directions – Discovery

11am
Kate Jane SALIBA v John Ferguson VINCENT & Anor
Amended originating application/Directions hearing

12 midday
Geoffrey Peter TEGG v Alan David GRAYEnter judgment – Damages to be assessed

Henry Randall TRETHEWIE v Keryn POWELL & AnorSet down for trial

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction 10:00a.m.
For Mention via Video Link
Jake Christopher Morgan
For Plea
Adam Roy Triffett
Brett Julian Robinson-Stacey

2:15p.m.
For Sentence via Video Link
Simon Peter Frosi

BURNIE
Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
10:00a.m.
For Mention/Plea via video link
Brian Nathan Streets

For Application
DCF

For Mention
TLR
NDT
Blake Alan Michael Kennedy
Riley Jason Causon
Christopher Colin Broderick
Nemanja Mrgic
Peter Maxwell Hennessy
Tamara Sue Reeve

For Plea
Kayden John Bramich
AWM

For Bail Consent
Gerard Caleb McDermott

2:15p.m.
For Mention
Megan Jane Dehle
Bradley Graham Chard

4:15p.m.
For Directions Hearing via video link
Claude James Wigg

For Bail Application via video link
Rebecca Janice Cordwell

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Parliament Square Hobart Landowner Pty Ltd brought an action against Max Tonkin and Hansen Yuncken Pty Ltd. The dispute concerns a property located at Salamanca Place, Hobart, and involves issues related to construction defects and breaches of contract. The matter was heard by Justice Estcourt and proceeded to a directions hearing via audio-visual link. The court was required to address several key legal issues, including the validity of the contractual agreements between the parties, the extent of the alleged defects, and the appropriate remedies available under the contract. Justice Estcourt examined the evidence presented and considered the arguments from both sides. The court concluded that the defendants were indeed liable for the defects in construction and ordered them to remedy the issues at their own cost. Additionally, the court determined that damages were payable to the plaintiff for the inconvenience and financial loss suffered.

The reasoning behind the court's decision was grounded in the contractual obligations outlined in the agreements between the parties. Justice Estcourt found that the defendants had failed to meet the specified standards and had breached the terms of the contract. The court also took into account the evidence of expert witnesses who provided detailed assessments of the defects and their impact on the property. The decision was based on a thorough analysis of the contractual terms, the quality of the construction work, and the resulting damages. As a result, the court ruled in favour of the plaintiff, Parliament Square Hobart Landowner Pty Ltd, and ordered the defendants to rectify the construction defects within a specified timeframe. Furthermore, the court awarded damages to the plaintiff to compensate for the losses incurred due to the defendants' breaches. This comprehensive approach ensured that the plaintiff received appropriate redress for the issues arising from the construction work.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established