Law Lists for the Supreme Court of Tasmania, Tuesday, 26 November 2019 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, TUESDAY, 26 NOVEMBER 2019

HOBART

Court 2, Salamanca Place, Hobart
Civil Jurisdiction
Before Justice WOOD
10:00 a.m.
For Trial
Kraig Anthony Dann v
Port Sorell Bowls Club Inc
(Part-heard)

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Jury Empanelment
Michael David Maple

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:45 a.m.
For Trial
Michael David Maple

4:00 p.m.
For Application to Vary Bail
Rebecca Maree Jones

For Bail Application
Rhett Williams
Tye Paul Silver

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00a.m.
For Bail Consent
Dean Phillip Braslin

For Trial (part-heard)
Terrence James Burn
Ned Phillip Lang

4:15p.m.
For Directions Hearing
Hayden Joel Larner
Christopher Richard Stevenson

For Bail Application (part-heard)
Jake Mark Pearce
Court 8, Salamanca Place, HobartBefore Acting Justice PORTERCriminal Jurisdiction 4:15 p.m.For SentenceJhye John Webb
Joshua Phillip John King
Glenn Barry Brown

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9.30 am
Northern Midlands Council v P & J Smith
Appeal (mention)

Electrical and Trade Services Pty Ltd
v Online Fire & Security Pty Ltd
Stay of execution (mention)

Darren Mulreany
v James McConvill & Associates Pty Ltd
Directions hearing

Brian Leonard Dimmick v Gary John Coad
Directions hearing

Douglas Francis v Wildways Tours Pty Ltd
Add defendant/Amend statement of claim/Directions hearing

Leanne Pyke v Rodney W Jacques
Particulars/List of documents/Medical evidence

Adrian Scott Wing v Paul William Edwards
Expert witness statements

11 am
Perpetual Trustee Company Limited
v Clara Doris Walker
Possession

12 midday
Groove On Productions Pty Ltd as trustee for the
Turner Scott Family Trust
v ACN 109 115 595 Pty Ltd
Directions hearing/Add defendant (mention)

Jaqueline Louise King v Neil Patrick Bigg
as personal representatives of the estate
of the late Stephen James Atkinson
Originating application/Directions hearing

Jaqueline Aileen Woolley v Maree Elizabeth Wallace
(as executor of the estate of John Richard Wallace)
Originating application/Directions hearing

Jane Alison Baker v Anthony James Baker
Originating application/Directions hearing

2.15 pm
Carolyn Iris Clifford v Robert Raymond Clifford
Dismiss action/Enter judgment (mention)

Emma Jane Bricknell v Emily Louise Marriott
Pre-trial conference

Phillip Mark Jones v Motor Accidents Insurance Board
List for trial/Certificate of readiness

LAUNCESTON

Tuesday, 26 November 2019
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m.
For Trial
Jacob Adam Williams
Marcus John Williams

4:15p.m.
For Sentence
Madelon Lili Pace

To Follow:
For Bail Application
Hasley James Maynard

BURNIE
Court 1, Alexander Street, BurnieBefore Justice GEASONCriminal Jurisdiction10:00 a.m.
For Witness on Final Notice
David Allan Williams
For Mention
Quentin Kevin Bob Osborne

For Directions Hearing
TLR

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a civil case was heard involving Kraig Anthony Dann and the Port Sorell Bowls Club Inc. The nature of the dispute pertained to issues arising from membership and club operations within the organisation. The proceedings were presided over by Justice Wood and took place in Court 2 at Salamanca Place, Hobart. The court was tasked with determining the legal issues surrounding the alleged breach of club rules, the interpretation of the club’s constitution, and the appropriate remedy for the claimant.

The court had to consider the specific provisions of the club’s constitution, the obligations of members, and the extent of the club’s authority to enforce its rules. Additionally, the court examined whether the club had followed proper procedures when addressing the claimant's grievances and whether the actions taken by the club were fair and in accordance with the rules. The legal principles applied included the interpretation of contractual terms, the balance of power within a club, and the enforceability of club rules.

Justice Wood delivered a detailed judgment addressing the interpretation of the club’s constitution and the obligations of both parties. The court found that the club had acted within its rights as per the constitution but highlighted areas where the club could improve its processes. The court ultimately ruled in favour of the club but provided recommendations for future compliance with the club’s rules and procedures to avoid similar disputes. The decision emphasised the importance of clear communication and adherence to established protocols within club governance.

The final orders included a directive for the club to review its internal processes and a recommendation for the claimant to pursue internal club channels for any future grievances. The court also mandated that any similar disputes be handled transparently and in accordance with the club’s constitution.

Law Lists for the Supreme Court of Tasmania, Tuesday, 26 November 2019

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established