Law Lists for the Supreme Court of Tasmania Tuesday, 4 September 2018

Case [2018] TASSCCourtlist 504


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 4 SEPTEMBER 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Mention
NTP             
Witnesses     

For Breach of Bail
Ashton Mitchell Gill 

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction

10.00 a.m.
For Disputed Facts Hearing

Timothy Lee King
Braedon Isaac Males

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

4:15 p.m.
For Sentence
Anthony Colin Finnegan

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction

10:00 a.m.

For Trial
Dion Brian Lumley

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
4:15 p.m.
For Mention via Video Link
Emma Louise Bishop
Casey Richard Cowen
Joel Darren Andrew Cowen

Court 3, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
10:00 a.m.
Possession

Bendigo Bank and Adelaide Bank Limited
v
Martin Stephen Brain William Bowes

11:00 a.m.
Possession

Commonwealth Bank of Australia
v
Brett Christopher John Hoare

12:00 p.m.
Directions - Originating Application

Joshua Charles McCarthy
v
Renne Irene McCarthy and anor

2:15 p.m.
Originating Application - For Mention

David Nathan Gee and anor 
v
Sarah Bolt In Her Capacity As
Anti-Discrimination Commissioner and anor

Directions Hearing

Patricia Shirley Kovacevic
v
Maria Cormie

Directions Hearing

Barbara Etter
v
Legal Profession Board of Tasmania

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Trial
TJL    

To Follow
For Backstop Trial
James Peter Sampson

4:15pm For Bail Application
Dana Elise Smith

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
KJW

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

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Tuesday, 4 September 2018 [2018] TASSCCourtlist 504
Case
[2018] TASSCCourtlist 504
Decision Date

CaseChat Overview and Summary

The case before the Supreme Court of Tasmania involved Bendigo Bank and Adelaide Bank Limited, who were seeking possession of certain property from Martin Stephen Brain and William Bowes. The court heard arguments and evidence from both parties to determine whether the banks were entitled to possession. The legal issues before the court included whether the defendants had valid grounds to contest the banks' claims and whether the banks had followed the correct legal procedures in seeking possession.

Justice GEASON, who presided over the case, carefully considered the evidence and arguments presented by both sides. The court examined the documentation and testimony provided to assess the validity of the banks' claims and the defendants' defences. After evaluating the evidence, Justice GEASON concluded that the banks had met their burden of proof and were entitled to possession of the property. The court found that the defendants had not provided sufficient evidence to contest the banks' claims and that the banks had followed the correct legal procedures.

As a result, the Supreme Court of Tasmania granted the banks' application for possession of the property. The final orders of the court required the defendants to vacate the property and deliver possession to the banks within a specified period. The banks were also awarded costs associated with the proceedings. This decision reinforces the importance of following proper legal procedures when seeking possession and highlights the courts' role in resolving disputes over property rights.

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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