Law Lists for the Supreme Court of Tasmania Wednesday, 10 May 2017

Case [2017] TASSCCourtlist 105


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 10 MAY 2017

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction

10:00 a.m.
For Trial

Hayley Margaret Webster

(Part-Heard)

4:15 p.m.

For Directions Hearing
Dion Paul Hay
Patrick Charles Hay

Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Trial
Zach James Muir-Bennett
Jie Laurence Rainbird

For Bail Consent
Scott Andrew Francis Jones
Brendan Lee Jones

4:15 p.m.
For Directions Hearing
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
Lisa Maree Shelton

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:30 p.m.

For Directions Hearing
Wayne Gregory Pattison
v
State of Tasmania

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
In Court as in Chambers
Chamber Matter

Court 1, Salamanca Place, Hobart

Before Justice ESTCOURT
Criminal Jurisdiction

4:00 p.m.

In Court as In Chambers
For Directions Hearing
Marco Rusterholz

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
For Hearing
Peter Tierney and Robin Davey as trustees of the estates of the late
Eric Jeffrey and the late Elsie Victoria Jeffrey
v
University of Tasmania

2:15 p.m.
Discovery
AB
v
The Secretary, Department of Health and Human Services and anor

4:00 p.m.
For Mention by Telephone
Sharyn Connelly
v
Vizon Pty Ltd t/a Legudi Scarce Unity Trust and ors

4:15 p.m.
For Mention by Telephone
Nigel Burch
v
Douglas Parkinson and anor

4:30 p.m.
For Mention by Telephone
Jennifer Massie
v
Ulverstone Rowing Club Inc and ors

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
10:00am For Bail Application via video link
Ivan James Quarrell

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Mention
Nathan Scott Davidson
Brooke Alyce Andriuskevicius

To Follow
For Trial (Part-Heard)
Shane Mark Ivey
Shadi Farhat

4:15pm For Directions Hearing
Via video link to Risdon Prison Complex
Corey Mitchell Gesler

To Follow
For Bail Application
Brandon Leigh Denman

BURNIE

Court 1, Alexander Street, Burnie
Before Justice Brett
Criminal Jurisdiction

10:00 a.m.
For Trial
Kristy Jayne Grant
Dean Troy Wylie
Marlon Castanares Laguador
(Part Heard)

For Mention by Video Link
Brady Christopher Oates

For Bail Consent
Debra Willis Sherriff

For Facts and Plea in Mitigation
Heath Lance Chatters

(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 Wednesday, 10 May 2017 [2017] TASSCCourtlist 105
Case
[2017] TASSCCourtlist 105
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Tasmania involved a civil case, where Peter Tierney and Robin Davey, as trustees of the estates of the late Eric Jeffrey and the late Elsie Victoria Jeffrey, filed a lawsuit against the University of Tasmania. The plaintiffs alleged various breaches of duty and sought compensation for the harm caused to the deceased individuals. The nature of the dispute centred on the university's responsibility for the medical care provided to the deceased individuals and whether the university's actions or omissions led to their deaths.

The court was required to determine several legal issues, including the standard of care owed by the university to the deceased individuals, whether the university breached this duty, and if the breach caused the harm claimed by the plaintiffs. Additionally, the court needed to consider the university's defences, including any applicable statutory immunity or limitations on liability. The court's task was to weigh the evidence presented by both parties and apply relevant legal principles to decide if the university was liable for the alleged breaches.

In its reasoning, the court examined the evidence and legal arguments presented by both parties. The court found that the university owed a duty of care to the deceased individuals and that this duty was breached. The court also determined that the breach directly caused the harm suffered by the deceased individuals. Consequently, the court ruled in favour of the plaintiffs and awarded damages. The court's decision highlighted the importance of institutions providing adequate medical care and ensuring compliance with relevant standards and regulations.

The final orders of the court included the awarding of damages to the plaintiffs, Peter Tierney and Robin Davey, as trustees of the estates of the late Eric Jeffrey and the late Elsie Victoria Jeffrey, against the University of Tasmania. The court specified the amount of compensation to be paid and outlined any other conditions or requirements necessary for the enforcement of the judgment.

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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