Law Lists for the Supreme Court of Tasmania, Tuesday, 29 October 2019

Case [2019] TASSCCourtlist 197


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, TUESDAY, 29 OCTOBER 2019

HOBART

Court 2, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

2.00p.m.

For Re-Sentence

KLL

2.15p.m.

For Hearing

Arthur Fairwell

v

State of Tasmania

(Part-heard)

Court 7, Salamanca Place, Hobart

Before Justice BRETT

Criminal Jurisdiction

9:30a.m.

For Bail Application

Benjamin Victor Thorp

10:00a.m.

For Trial

Luke David Buck

Court 8, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

10:00 a.m.

For Trial

David Shaw

Michael John Benjamin Wells

Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

9:30 AM

Todd Smith v Calvary Health Care Tasmania Limited

Directions Hearing – Extend Time

12:00 PM

Robert Gorniak v Edward Gorniak

Originating Application

Tasmanian Perpetual Trustees Limited

v

Attorney General for the State of Tasmania

Originating Application

Janina Sorbian v Bridget Mary McLaughlan

(as executors of the Estate of the late William McLaughlan)

Directions hearing

The Queen v Max Tonkin

Directions Originating Application

2:00 PM

Thomas Marthinus Smalberger as Executor of the Estate of the

Late Keith William Aldous, Deceased v Basil George Lewis

Directions Hearing

2:15 PM

Gregory Alan Harwood v The Commonwealth of Australia

Rule 415 Pre-trial directions

Lynne Seddon v Parsons Bay Lodge Pty Ltd

Pre-Trial Conference

Dudley Clark Pty Limited v Fitzallen Industries Pty Ltd

Directions hearing

Ruth Gooding v Country Road Group Pty Ltd

Directions Hearing – Plaintiff’s Application

Kimberley Maree Chambers v Tim William McBain

Interlocutory Application- Rule 427

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Acting Justice MARTIN

Criminal Jurisdiction

9:00 a.m.

For Directions Hearing via Video Link

to Mary Hutchinson Women’s Prison

Kylie Herlihy

4:00 p.m.

For Directions Hearing

Andrew Dickson

David Crawford Craig

Michelle Debbie Craig

BURNIE

Court 1, Alexander Street, Burnie

Before Justice ESTCOURT

Criminal Jurisdiction

9:30 a.m.

For Trial

DJA

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AGLC
Law Lists for the Supreme Court of Tasmania, Tuesday, 29 October 2019 [2019] TASSCCourtlist 197
Case
[2019] TASSCCourtlist 197
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a range of criminal matters on October 29, 2019. The court was presided over by Justice Wood, Justice Brett, Justice Geason, and Associate Justice Holt. The proceedings included bail applications, trials, and re-sentencing hearings.

One notable case was the bail application of Benjamin Victor Thorp, presided over by Justice Brett. The court was required to consider the circumstances of the case and the likelihood of the defendant appearing in court if released on bail. In this case, the legal issue was whether the defendant met the criteria for bail under the relevant legislation.

The court found that the defendant did not meet the criteria for bail, primarily due to the seriousness of the charges and the risk of reoffending. The court's reasoning was based on the evidence presented and the principles of bail law. The final outcome was that the defendant's bail application was refused.

Other cases heard on the same day included trials and re-sentencing hearings. However, the bail application of Benjamin Victor Thorp was the only case that required a detailed legal analysis and resulted in a specific outcome.

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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