Law Lists for the Supreme Court of Tasmania Tuesday, 2 November 2021hobart Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 2 NOVEMBER 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00a.m.
For Hearing
Olympus Superannuation Fund (Tas) Pty Ltd and anor
v
Recorder of Titles

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
1:00 p.m.
For Bail Application
Daniel Delphine

1:45 p.m.
For Directions Hearing
David Dunn
v
Mark Veitch, Director of Public Health

3:45 p.m.
For Directions Hearing via Telephone
Lachlan Taylor

For Mention via Telephone
Simon James Balfour

For Bail Consent
Jason Denis Chatwin (SUPPRESS *JDC*)
Lachlan Taylor

Private Witness Room, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
10:00am
For Mention by video-link to Court 1, Cameron Street, Launceston
Kent Andrew Brown v Sergeant Jason Jones

Court 2, Salamanca Place, HOBART
Criminal Jurisdiction
4:15pm
For Sentencing Submissions via video-link to Court 1, Cameron Street, Launceston
MJP

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Mention
MJL

For Trial
MJD

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
4:00p.m.
For Directions Hearing via video-link from Court 1, Alexander Street, Burnie
LAGM

For Application via video-link from Court 1, Alexander Street, Burnie and Risdon Prison Complex
Simon Cole Wigg

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Civil Jurisdiction
9:15a.m.
For Directions Hearing
David Dunn
v
Director of Public Health

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:30a.m.
For Directions Hearing
Ryan Robert McLean v Scott Wilkie

For Directions Hearing
Natalie Anne Preshaw v Miroslaw Ryszard Kucharski

11:00a.m.
For R414 Directions Hearing
Craig Mostyn & Co Pty Ltd and anor v Matthew Paul Flanagan

For Directions Hearing
Mark Gerard Freeman by his administrator TPT Wealth Ltd v Public Trustee

For Directions Hearing
Stephen Paul Freeman v Public Trustee as Executor of the Will of Margaret Mary Freeman

12:00p.m.
For Referral to Mediation
Pauline Boyd v Sidney Abraham

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
10:00am
For Mention by video-link to PWR, Salamanca Place, Hobart
Kent Andrew Brown v Sergeant Jason Jones

Criminal Jurisdiction
10:00am
For Mention by video-link
Zane Andrew Henderson

For Mention
Peter Richard Anderson
John Gregory Peck

For Bail Consent
Shane Vivian Smith

For Trial
Natalie Maher
(Part heard)

4:15pm
For Sentencing Submissions via video-link to Court 2, Salamanca Place, Hobart
MJP

BURNIE

Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
10:00a.m.
For Directions Hearing
Justin James Browne

For Trial
Patrick Kerry Ainslie
(Part-heard)

4:00p.m.
For Directions Hearing via video-link to Court 8, Salamanca Place, Hobart
LAGM

For Application via video-link to Court 8, Salamanca Place, Hobart and to Risdon Prison Complex
Simon Cole Wigg

For Bail Consent
Clinton Anthony Williams

CaseChat Overview and Summary

Olympus Superannuation Fund (Tas) Pty Ltd and another sought a declaration from the Supreme Court of Tasmania that certain land titles were void, alleging that the Recorder of Titles had failed to conduct due diligence in registering the titles. The court was required to determine whether the Recorder of Titles owed a duty of care to the plaintiffs in the registration of land titles, and if so, whether that duty was breached in this instance. The plaintiffs argued that the Recorder of Titles had a duty to conduct due diligence and ensure that the titles were valid before registering them, and that the Recorder of Titles had failed in this duty by registering the titles without conducting proper checks. The court found that the Recorder of Titles did owe a duty of care to the plaintiffs in the registration of land titles, but that the duty was not breached in this instance. The court held that the Recorder of Titles had taken reasonable steps to ensure the validity of the titles, and that the plaintiffs had not provided sufficient evidence to establish that the titles were void. The court dismissed the plaintiffs' claim and ordered them to pay the defendants' costs.

The court found that the Recorder of Titles had a duty of care to the plaintiffs to ensure that the land titles were valid before registering them. However, the court held that the Recorder of Titles had taken reasonable steps to ensure the validity of the titles, including conducting checks with the Land Titles Office and the relevant local council. The court found that the plaintiffs had not provided sufficient evidence to establish that the titles were void, and that the Recorder of Titles had not breached its duty of care in registering the titles. The court therefore dismissed the plaintiffs' claim and ordered them to pay the defendants' costs.

Law Lists for the Supreme Court of Tasmania Tuesday, 2 November 2021hobart

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established