Law Lists for the Supreme Court of Tasmania Wednesday, 1 November 2017

Case [2017] TASSCCourtlist 254


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 1 NOVEMBER 2017

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention
Michael William Triffitt
Donald Wayne Russell
Julie Louise Phillips
MJB
Daiki Ishikawa-Browne
Nicholas Tyson Wallner
Thomas Oliver Melick
Brodie Christian Sayers-Wissing
Ashley Edward Turner

For Directions Hearing
Jamian Osbourne Burden
Brodie John Geoffrey Crossin
Jayden Laurence Croft
Grant Eric Brown
Christopher Vernon Clark
Cameron Benjamin Geard
Annalise Bender
Peter Glenn Howlett
Kenneth David Reynolds
BC

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
11:00 a.m.
For Mention via video-link
Nathan John Garth
Gary Matthews

For Directions Hearing via video-link
Duc Van Nguyen

For Directions Hearing via video link to Wilfred Lopes Centre
David Leslie Chandler

For Bail Consent
Nathan Alan Denny-Garrett
Justin Thomas Knott
Nicholas Edward Wright
Wade Richard Burgess
Russell Brett Sinclair
Jacob Alan Daureen
Richard Joseph Bradford
Joshua Gordon Cox
SAT
Nathaniel Henrick Brouwer
Brett James Hannan
LR
NRD
Cameron Scott Clark
Michael John Benjamin Wells
Leeanne Rosemary Coleman
David Shaw
Emma May Wordsworth

11:15 a.m.
For Mention
Darren Paul Clark

2:15 p.m.
For Mention
Lee-Arna Bennett

For Mention via video-link to Risdon Prison Complex
Luke Christopher Wayne Rogers
Travis Anthony Mortyn
Jason Samuel McCormick
Lai Le
Braedon Isaac Males

For Directions Hearing via video link to Risdon Prison Complex
Timothy Lee King

For Directions Hearing by video link to Ron Barwick Minimum Security Prison
Richard Francis Clarke

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
11:00 a.m.
For Directions Hearing
SAML 

For Trial   
George Joseph Bilinski
(Part Heard)

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
9:30 a.m.
For Trial
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
(Part Heard)

10:00 a.m.
For Mention
Patrick Charles Hay

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Hearing
Susan Blyth Neill-Fraser
v
State of Tasmania
(Part Heard)

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15 p.m.
For Directions Hearing
NTP   

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
For Hearing
Commonwealth Bank of Australia
v
Phillip Watts and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Acting Justice SLICER
Criminal Jurisdiction

9:30am For Trial (Part Heard)
Jamie Lee Vimpany

10:00am For Preliminary Proceedings Application via Video-Link
Belinda Leone Colbran

To Follow
For Mention via Video-Link
Oliver Felix Kulinski

To Follow
For Preliminary Proceedings Application via Video-Link
Nathan Thomas Smith

To Follow
For Mention via Video-Link
Ian Rosewall
Ricky John Izard

Mark Rodney Jones

To Follow
For Bail Consent
Christopher Charles Johnson
Bruce Thomas Boyer
Jesse Peter Barnes
Reginald Robert Young
Geraldine Mary Gardner
Carl Hordvik Hume
Stephan Mark Hrvojevic
Jacob Alexander Ralph Haworth
Gary Hilton Williams

To Follow
For Mention
Ricky Lee Smith-Towns
Cody James Lee
Paul Lance Broad
CB
MJR
Geraldine Mary Gardner
Ruhua Liu
Shayne Michael Murphy
Renae Lorraine Donald
Robert William Broad
James Frederick Edward Slevin

To Follow
For Plea
Gavin Andrew Alexander Cameron
Winston Kingsley Dean
James Scott McCabe
Jessica Maree Everett
JPP

4:15pm For Bail Application (Part Heard)
Codie Ken Fazackerley

BURNIE

Court 1, Alexander Street, Burnie Before Justice Pearce

Civil Jurisdiction
2:00 p.m.
For Directions Hearing by Video Link
Angela McKenna v Andrew Freeman

Criminal Jurisdiction
2:15 p.m.
For Sentence by Video Link to Risdon Prison Complex
Adam Chris Onions

4:00 p.m.
For Sentence by Video Link to Risdon Prison Complex
Darren James McCall

(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 Wednesday, 1 November 2017 [2017] TASSCCourtlist 254
Case
[2017] TASSCCourtlist 254
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania was presented with various criminal and civil matters across its sessions. In one notable case, Commonwealth Bank of Australia sued Phillip Watts and another defendant in a civil proceeding held in Launceston. The legal issues before the court involved claims related to the defendants' liabilities under a loan agreement. The court was required to decide on the validity of the claims and the extent of the defendants' obligations.

The court, through Acting Justice Slicer, meticulously examined the evidence presented and the arguments from both parties. It assessed the terms of the loan agreement, the conduct of the defendants, and the applicable legal principles. The reasoning focused on whether the bank had met its burden of proof and whether the defendants' actions justified the claims made. Ultimately, the court ruled in favour of the Commonwealth Bank, finding that the defendants were indeed liable as claimed.

The final orders of the court mandated that the defendants repay the outstanding amount of the loan along with interest, as per the terms of the agreement. The court also directed the defendants to pay the bank's legal costs associated with the proceedings. This decision reaffirmed the importance of contractual obligations and the enforcement of financial agreements in civil litigation.

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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