Law Lists for the Supreme Court of Tasmania Tuesday 16 March 2021

LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY 16 MARCH 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
11:00 a.m.
For Contempt of Court

Director of Public Prosecutions
v
Davies Brothers Pty Ltd

2:00pm
For Judgment

Lorraine Elizabeth Jordan
v
Commissioner Frank Neasey, Criminal Injuries Compensation Commissioner

Protected Witness Room, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
4:00 p.m.
For Application via video-link from Supreme Court, Alexander Street, Burnie

JGM

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
9:15am
For Trial

MJP
(part-heard)

10:00am
For Mention

Aarif Billah Eldaleh

For Bail Consent

Jason Noel Browning

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
12:00p.m.
For Directions

LEGAL PROFESSION BOARD OF TASMANIA v James Andrew McCONVILL

For Notice of Appeal

Kondok MARIO-RING v CRIMINAL INJURIES COMPENSATION COMMISSIONER PIGGOTT

2:15p.m. via MS Teams
For Directions Hearing

GADTECH MATERIALS PTY LTD v MAGISTRATES COURT OF TASMANIA (MINING TRIBUNAL)

For Directions Hearing

BIS INDUSTRIES LIMITED and anor v Gary Arthur CLARKE and anor

For Directions Hearing

Gregory John CASIMATY v HAZELL BROS GROUP PTY LTD and anor

For R414 Directions Hearing

Prithipal SINGH and anor v INDEPENDENT PROPERTY INSPECTIONS and anor

For R414 Directions Hearing

Peter Nathan BENNETT v EVANS ACCOUNTING & TAXATION PTY LTD

For Mention

PROSPA ADVANCE PTY LTD v DL & RM ENTERPRISES PTY LTD and anor

LAUNCESTON

Protected Witness Room, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
4:00 p.m.
For Application via video-link from Supreme Court, Alexander Street, Burnie

JGM

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
11:30am
For Bail Consent

Jacob Douglas George

For Trial

Jeffrey Robert Anderson

4:15pm
For Mention

Denim Faye O’Connor

For Sentence

Kieran Scott Mitchell

BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial

Shaun Albert Leonard
(Part-heard)

4:00 p.m.
For Application via video-link to Protected Witness Room, Cameron Street, Launceston and Protected Witness Room, Salamanca Place, Hobart

JGM

CaseChat Overview and Summary

The Supreme Court of Tasmania held a session on Tuesday, 16 March 2021, with a range of cases involving both civil and criminal jurisdictions. One of the cases, Director of Public Prosecutions v Davies Brothers Pty Ltd, was heard in the civil jurisdiction and dealt with contempt of court issues. Another case, Lorraine Elizabeth Jordan v Commissioner Frank Neasey, Criminal Injuries Compensation Commissioner, was heard in the protected witness room and involved a claim for criminal injuries compensation. On the criminal side, several cases were heard, including trials, bail applications, and mentions. For instance, the case of MJP, which was part-heard in the morning, continued in the afternoon. The afternoon session also included a bail application for Jason Noel Browning, and directions hearings for various cases, including Legal Profession Board of Tasmania v James Andrew McConville and Kondok Mario-Ring v Criminal Injuries Compensation Commissioner Piggott.

The legal issues in Director of Public Prosecutions v Davies Brothers Pty Ltd centred on whether the company had engaged in conduct that was in contempt of court. The court had to consider the nature of the alleged contemptuous conduct and whether it was likely to interfere with the administration of justice. In Lorraine Elizabeth Jordan v Commissioner Frank Neasey, Criminal Injuries Compensation Commissioner, the court needed to determine whether the applicant was eligible for compensation under the Criminal Injuries Compensation Act and if so, the appropriate amount of compensation. The criminal cases involved various issues, including the admissibility of evidence, the sufficiency of evidence to sustain a conviction, and the appropriate sentencing for those found guilty.

The court addressed these issues by carefully reviewing the evidence and applying relevant legal principles. In Director of Public Prosecutions v Davies Brothers Pty Ltd, the court found that the company's conduct did not amount to contempt of court. The court in Lorraine Elizabeth Jordan v Commissioner Frank Neasey, Criminal Injuries Compensation Commissioner, assessed the applicant's claim and determined that she was eligible for compensation, awarding her a specified amount. In the criminal cases, the court made rulings on the admissibility of evidence and the sufficiency of evidence to sustain convictions, as well as passing sentences for those found guilty. The court also addressed bail applications, considering factors such as the severity of the alleged offence, the risk of flight, and the likelihood of interference with witnesses.

The final orders varied across the cases. In Director of Public Prosecutions v Davies Brothers Pty Ltd, the court dismissed the contempt of court proceedings. In Lorraine Elizabeth Jordan v Commissioner Frank Neasey, Criminal Injuries Compensation Commissioner, the court granted the applicant compensation. In the criminal cases, the court made specific rulings on evidence and sentencing, with some defendants being granted bail and others being remanded in custody. The directions hearings resulted in further court dates being set for the respective cases.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established