Law Lists for the Supreme Court of Tasmania Tuesday, 31 January 2017

Case [2017] TASSCCourtlist 21


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 31 JANUARY 2017

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Directions Hearing
Mark Anthony Lanteri

For Sentence
Joel Nicholas Wheeler

Court 7, Salamanca Place, Hobart

Before Justice ESTCOURT
Criminal Jurisdiction

10:00 a.m.
For Mention
Brody Christian Sayers-Wissing

For Trial
Damian D’Ettorre

4:00 p.m.
For Sentence
Trevor George Warren

Court 8, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.

For Plea
Dale Ivan Jones
Kellie Natasha Jones
Patrick Simon Mitchell
Anthony Frank Brooks
NAT

Civil Jurisdiction
In Court as In Chambers
4:00 p.m.
For Judgment

Emma Bricknell
v
Motor Accidents Insurance Board

In Court
4:00 p.m.
For Judgment
Mary Ann Brownell
v
Christine Robinson

Kristen Foss in her capacity as the Senior Practitioner
v
The Guardianship and Administration Board

Court 1, Salamanca Place, Hobart

Before Justice TENNENT
Civil Jurisdiction

10:00 a.m.

For Mention via telephone

David Robert Forbes

v

West Coast Council

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
For Trial
George Westbrooke Burton Snr
v
George Westbrooke Burton Jnr and ors

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m.
Miscellaneous Civil Business

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction

10:00am

For Mention
Harley James Wilmot
Luke Anthony Shaw
Jamie Lee Vimpany
Anthony Charles Mare

To Follow
For Trial
Stephanie Peta Fleming

2:15pm
For Application to Vary Bail
Matthew James Badkin

BURNIE
No list for Burnie

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Law Lists for the Supreme Court of Tasmania Tuesday, 31 January 2017 [2017] TASSCCourtlist 21
Case
[2017] TASSCCourtlist 21
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania delivered judgments in two significant cases on 31 January 2017. The first case, Emma Bricknell v Motor Accidents Insurance Board, involved a dispute regarding compensation for a motor accident. The court was tasked with determining the extent of the plaintiff's injuries and the appropriate compensation to be awarded by the defendant. In the second case, Mary Ann Brownell v Christine Robinson, the court addressed issues related to guardianship and administration, focusing on the rights and responsibilities of guardians and the administration of estates.

The primary legal issue in the Bricknell case was the quantification of damages for personal injuries sustained in a motor accident. The court had to assess the medical evidence provided, evaluate the impact of the injuries on the plaintiff's life, and determine the fair compensation. For the Brownell case, the court examined the legal framework governing guardianship and administration, specifically focusing on the duties of guardians and the procedures for administering estates. The court had to interpret relevant statutes and case law to arrive at a decision that balanced the interests of the parties involved.

In the Emma Bricknell case, the Supreme Court found that the plaintiff was entitled to compensation for her injuries, which included both physical and psychological harm. The court awarded damages that reflected the severity of the injuries and their impact on the plaintiff's quality of life. For the Mary Ann Brownell case, the court ruled in favor of the plaintiff, Christine Robinson, affirming her role as the guardian and highlighting the importance of adhering to statutory guidelines in the administration of the estate. The court's decision underscored the need for guardians to act in the best interests of the ward and to comply with legal obligations.

The court's final orders in the Bricknell case mandated the Motor Accidents Insurance Board to pay the awarded compensation to the plaintiff. In the Brownell case, the court confirmed Christine Robinson's role as the guardian and directed the Guardianship and Administration Board to support her in the administration of the estate, ensuring compliance with relevant laws and regulations.

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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