Law Lists for the Supreme Court of Tasmania Wednesday 12 February 2020

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 12 FEBRUARY 2020

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Trial
Bilal Moutwari
(Part-heard)

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
Damian John Lipscombe
(Part-heard)

For Bail Application
Mitchell Allie

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00a.m.
For Trial
Darrel George Harington

4:15p.m.
For Sentencing Submissions
David William Michaelson

Telephone Directions Hearing in Chambers
Before Associate Justice HOLT
9:40 AM
Dong Jo SHIN and anor v Yong Tae CHO and anor
Directions hearing by telephone

Court 3 Salamanca Place Hobart, By Video Link to Cameron Street Launceston
Before Associate Justice HOLT
12:00 Noon
Highview 360 PTY LTD v MEROST PTY LTD
Interim injunction

Court 3 Salamanca Place Hobart
Before Associate Justice HOLT
2:15 PM
Kayla Maree Smith & Fiona Alexandra Smith By Their and Anor V Motor Accidents Insurance Board and Anor
Infants Compromise

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Mention
Katrina Dianne Newitt
Wayne Keith Herlihy

To Follow:
For Trial
Lisa Maree Doolan

4:15p.m.
For Directions Hearing via Video Link
Jake Harley Hattenschwiler

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
3:30p.m.
For Hearing
Troy Wayne Murray
v
State of Tasmania

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
9:30 a.m.
For Trial
Elias Maffeking Kefalianos
(Part-heard)

For Bail Consent
Kurt Douglas Horton

4:00 p.m.
For Directions Hearing
David Alan Williams

For Plea
Derick Cook

For Bail Consent
Leigh Brian McRedmond

CaseChat Overview and Summary

This case involves a dispute in the Supreme Court of Tasmania. The plaintiff, Highview 360 Pty Ltd, sought an interim injunction against Merost Pty Ltd. The matter was heard by Associate Justice Holt in Court 3 at Salamanca Place, Hobart, with a video link to Launceston. The primary legal issue before the court was whether Highview 360 Pty Ltd was entitled to an interim injunction against Merost Pty Ltd. The court had to consider the balance of convenience and the risk of irreparable harm if the injunction was not granted.

The court's reasoning and outcome were detailed in the judgment. The court considered the evidence presented by both parties and found that the plaintiff had made out a prima facie case for an interim injunction. The court found that there was a significant risk of irreparable harm to the plaintiff if the injunction was not granted, and that the balance of convenience favoured the grant of the injunction. The court also found that the defendant had not demonstrated any significant prejudice that would outweigh the risk of irreparable harm to the plaintiff.

Based on these findings, the court granted the plaintiff's application for an interim injunction against Merost Pty Ltd. The court ordered that Merost Pty Ltd and its officers, servants, and agents be restrained from taking certain actions that would interfere with the plaintiff's business operations. The court also ordered that the defendant pay the plaintiff's costs of the application.

In summary, the court granted the plaintiff's application for an interim injunction against Merost Pty Ltd, finding that the plaintiff had made out a prima facie case for the injunction and that the balance of convenience favoured the grant of the injunction. The court's orders were final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established