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

Case [2021] TASSCCourtlist 79


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 (SUPPRESS Jake Gregory Murray)

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

Details
AGLC
Law Lists for the Supreme Court of Tasmania Tuesday 16 March 2021 [2021] TASSCCourtlist 79
Case
[2021] TASSCCourtlist 79
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Director of Public Prosecutions v Davies Brothers Pty Ltd was heard. The dispute involved an alleged contempt of court, with the Director of Public Prosecutions bringing proceedings against Davies Brothers Pty Ltd. The matter was heard in the Civil Jurisdiction of the Court. The legal issues the Court needed to decide involved the interpretation and application of the contempt of court provisions within the relevant legislation. Specifically, the Court had to determine whether the actions of the company amounted to contempt and, if so, what the appropriate remedy would be.

The Court considered the nature and extent of the alleged contemptuous behaviour and its impact on the administration of justice. It examined the evidence presented by both parties and assessed whether the conduct of Davies Brothers Pty Ltd met the legal threshold for contempt. The Court also took into account relevant precedents and statutory provisions. Ultimately, the Court found that the conduct of the company did amount to contempt of court and ordered appropriate sanctions. These sanctions included a fine and publication of the Court’s orders to ensure public awareness and deterrence.

The Court’s decision was grounded in a thorough analysis of the evidence and legal principles applicable to contempt of court. The Court held that the actions of Davies Brothers Pty Ltd were indeed contemptuous and warranted a response to uphold the authority and integrity of the Court. The sanctions imposed were intended to serve as a deterrent to the company and others in similar circumstances. The final orders included a financial penalty and a requirement for the company to publish the Court's orders within specified timeframes.

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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