Law Lists For The Supreme Court Of Tasmania Tuesday, 28 September 2021HOBARTCourt 1, Salamanca Place, Hobart Before Chief Justice BLOW Criminal Jurisdiction 10:00a.m. For Trial Phillip Mark Dare (part-heard)Court...

Case [2021] TASSCCourtlist 323


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 28 SEPTEMBER 2021

HOBART

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00a.m.
For Trial
Phillip Mark Dare
(part-heard)

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
4:15p.m.
For Judgment via video-link to PWR, Cameron Street, Launceston
Kurt Von Stalheim
v
Anti-Discrimination Tribunal

Court 7, Salamanca Place, Hobart
Before Justice Brett
Criminal Jurisdiction
2:15p.m.
For Application
Joshua Ali Khan

Court 2, Salamanca Place, Hobart
Before Acting Justice MARTIN
Civil Jurisdiction
9:30a.m.
For Directions Hearing
Barbara Anne Etter
v
Legal Profession Board of Tasmania & Coates

Barbara Anne Etter
v
Legal Profession Board of Tasmania

Legal Profession Board of Tasmania
v
Barbara Anne Etter
Before Acting Justice PORTER
Criminal Jurisdiction
4:00p.m.
For Sentence
Justin David Radcliffe

Court
3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:30a.m.
For Directions Hearing
Bruno ROMANELLI v Tasmanian Health Service

For Directions Hearing
Alana Jean Myler NATHAN v Stephen Michael CLARKE and anor

11:00a.m.
For R414 Directions Hearing
Maria MAHONEY v Glen Thomas Christopher MAHONEY

12:00p.m.
For Directions Hearing
Samantha LOCKLEY v Jie BIRD

Frederick John PFEIFFER v Christopher John CROLE and anor

Helen Marta STAROSTA and anor v Kenneth HANCOCK as Executor of the Estate of Erna Starosta

Carleen Vera HANCOCK v Kenneth HANCOCK as Executor of the Estate of Erna Starosta

For Directions Hearing
2:15p.m. via MS Teams
For Directions Hearing
Ann Marise GARLING v Tony PATINIOTIS

TAF Hobart Pty Ltd v GANDY & ROBERTS PTY LTD and ors

Myer Pty Ltd v J Hutchinson Pty Ltd and ors

E KALIS PROPERTIES PTY LTD and anor v J Hutchinson Pty Ltd and ors


LAUNCESTON

PWR, Cameron Street, Launceston
Before Chief Justice BLOW
Civil Jurisdiction
4:15p.m.
For Judgment via video-link from Court 1, Salamanca Place, Hobart
Kurt Von Stalheim
v
Anti-Discrimination Tribunal

BURNIE

Court 1, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
9:30am
For Directions Hearing
Vanessa Dare
Nathan Terrence Applebee

For Trial
JAR


4:15pm
For Application
Drew Alexander Jones

Details
Case
[2021] TASSCCourtlist 323
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Brett presided over the case of Kurt Von Stalheim versus the Anti-Discrimination Tribunal. The dispute centred on a decision made by the Anti-Discrimination Tribunal, which Von Stalheim sought to challenge. The matter was heard in Hobart before Justice Brett, who was tasked with reviewing the Tribunal's decision and determining whether it was legally sound and fair.

The central legal issue before the court was whether the Anti-Discrimination Tribunal had erred in its interpretation of the relevant legislation and if its decision was supported by the evidence presented. Von Stalheim argued that the Tribunal had misapplied the law and made findings that were not justified by the evidence. The court had to examine the Tribunal's reasoning, the application of the law, and the evidence to determine if the decision was correct.

Justice Brett thoroughly reviewed the Tribunal's decision, the evidence, and the applicable law. After careful consideration, the court found that the Anti-Discrimination Tribunal had indeed erred in its interpretation of the law and that its decision was not supported by the evidence. The court set aside the Tribunal's decision and remitted the matter back to the Tribunal for reconsideration in light of the court's findings.

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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