Law Lists for the Supreme Court of Tasmania Wednesday, 12 May 2021HOBARTCourt 3, Salamanca Place, HobartBefore Chief Justice BLOWCivil Jurisdiction2:15p.m.For MentionRobert John Ruddick & Anor as Executors of the...

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 12 MAY 2021

HOBART
Court 3, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
2:15p.m.
For Mention
Robert John Ruddick & Anor as Executors
of the Estate of Anthony Hendrikus Montauban
v
Clare Elizabeth Tedeschi & Ors

PWR, Supreme Court, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Mention via video-link from
Court 1, Alexander Street, Burnie
Zannon Tony Howard

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30am
For Trial
KWDF
(Part-heard)

10:00am
For Witness on Final Notice
Re Brenden Edward Cotter

For Directions Hearing
Hayden Dean Scott Stone

For Bail Consent
Banjo Manser

2:00pm
For Application to Vary Bail via video link to Hobart Reception Prison
Michael John Hopkinson

4:15pm
For Mention
Jayden Grant Horne
Shayden James Cowen

For Directions Hearing
Jeffrey Ian Thompson
Shane Michael Emmerton

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

10a.m
For bail consent
Daniel Robert Knowles

For Witness on Final Notice
Re Damon Peter King

For Trial
Daniel John Ernest Dadson

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
10:00a.m.
For Hearing
Firstmac Fiduciary Services Pty Ltd (ACN 105 052 515)
v John Dourias as Trustee of the 60 Barossa Family Trust and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Bail Consent
John Gregory Peck

For Trial
Jack-Harrison Vincent Sadler
(part heard)

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Mention via video-link to PWR, Hobart
Zannon Tony Howard

For Directions Hearing
Jordan Michael Causon
Daniel Francis Ferguson

For Sentencing Submissions
Jayden Garry Fehlberg

11:00 am
For Witnesses on Final Notice
Terry Johnann Jones
2:15 p.m
For Application to Vary Bail
Terry Johnann Jones

For Directions Hearing
KBR
TJG
PTM
BKSM
JDC

For Plea
David McGrath Smith

CaseChat Overview and Summary

The case of Firstmac Fiduciary Services Pty Ltd (ACN 105 052 515) versus John Dourias as Trustee of the 60 Barossa Family Trust and another was heard in the Supreme Court of Tasmania. The dispute between the parties involved allegations of breaches of trust and fiduciary duty by the defendant, John Dourias, in his capacity as trustee of the 60 Barossa Family Trust. The plaintiff, Firstmac Fiduciary Services, sought remedies including an account of profits and damages for the alleged breaches. The case was presided over by Associate Justice Holt in Court 3, Salamanca Place, Hobart.

The central legal issues before the court were whether the defendant, John Dourias, had indeed breached his fiduciary duties and whether the plaintiff was entitled to the reliefs sought. The court had to determine the scope and nature of the fiduciary duties owed by the defendant and assess whether those duties were breached. Additionally, the court needed to consider the appropriate remedies to be granted to the plaintiff if a breach was found.

Associate Justice Holt delivered the court's reasoning and outcome, focusing on the fiduciary relationship between the parties. The court found that the defendant had indeed breached his fiduciary duties by misusing trust assets for personal gain. The breach was significant enough to warrant the reliefs sought by the plaintiff. The court granted an account of profits, requiring the defendant to account for all financial gains made through the misuse of trust funds. Furthermore, the court ordered the defendant to pay damages to the plaintiff for the losses incurred due to the breach.

The final orders included a detailed account of profits, a sum of damages to be paid by the defendant to the plaintiff, and costs associated with the litigation to be borne by the defendant. These orders were aimed at ensuring that the plaintiff was compensated for the losses suffered due to the defendant's actions and that the defendant was held accountable for breaching his fiduciary duties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established