Law Lists for the Supreme Court of Tasmania Wednesday 13 October 2021

Case [2021] TASSCCourtlist 347


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 13 OCTOBER 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Trial (Part-Heard)
Brehane Giday Girmay by his litigation guardian Tsege Gebregiorgis Behre
v
Jason Vivian Green

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
10:00 a.m.
For Hearing
Senior Constable Scott Wilkie
v
Joshua Grant Sutton

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10.00am
For Trial

MJD

4.15pm
For Mention
GDG

4.15pm
For Directions Hearing
Brandon Malcolm Charlesworth
Scott Andrew Francis Jones

PWR, Salamanca Place, HobartBefore Justice GEASON
Criminal Jurisdiction
4:15p.m.
For Directions Hearing
via video-link from Court 1, Alexander Street, Burnie and Risdon Prison ComplexLuke Buck
v
State of Tasmania

Court 8, Salamanca Place, Hobart Before Acting Justice MARSHALLCriminal Jurisdiction 10:00a.m.For TrialJoshua Astell and Adrian Flounders

4:15p.m.
For Bail Application
Sophie Lynch

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
2:15p.m. via MS Teams
For Directions Hearing  
TAF Hobart Pty Ltd and ors v Gandy & Roberts Pty Ltd and ors

E Kalis Properties Pty Ltd and anor v J Hutchinson Pty Ltd and ors

Myer Pty Ltd and ors v J Hutchinson Pty Ltd and ors

LAUNCESTON


Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Trial
Natalie Maher
(Part heard)

10:00am
For Mention
Zane Andrew Henderson
Jayde Patrick Burling

BURNIE


Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
10:00a.m.
For Preliminary Proceedings Application
Joshua Dayle Barry
For Directions Hearing 
Joshua James Corbett
For Trial  
Megan Jane Dehle

4:15p.m.
For Directions Hearing
via video-link to Risdon Prison Complex and PWR, Salamanca Place, Hobart Luke Buck
v
State of Tasmania

Details
AGLC
Law Lists for the Supreme Court of Tasmania Wednesday 13 October 2021 [2021] TASSCCourtlist 347
Case
[2021] TASSCCourtlist 347
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Brehane Giday Girmay by his litigation guardian Tsege Gebregiorgis Behre v Jason Vivian Green was heard. The dispute involves a personal injury claim arising from an incident where the plaintiff, Brehane Giday Girmay, suffered injuries due to the alleged negligence of the defendant, Jason Vivian Green. The matter was heard before Justice ESTCOURT in the civil jurisdiction. The primary legal issues that the court needed to address included determining the extent of the injuries sustained by the plaintiff, the causation of these injuries, and the appropriate quantum of damages to be awarded to the plaintiff. The court had to consider the medical evidence, the impact of the injuries on the plaintiff's life, and the principles of negligence to make these determinations.

The court's reasoning focused on a thorough analysis of the medical evidence presented, expert opinions, and the testimonies of both parties. The court evaluated the credibility of the witnesses and the reliability of the medical reports to establish the causation and extent of the injuries. The damages assessment was based on the nature and severity of the injuries, their impact on the plaintiff's ability to work and engage in daily activities, and the future implications of these injuries on his life. After careful deliberation, the court found in favour of the plaintiff and awarded damages reflecting the injuries' seriousness and the impact on the plaintiff's life.

The final orders included a determination that the defendant was liable for the injuries sustained by the plaintiff. The court awarded the plaintiff a sum of money representing general and special damages, reflecting the nature and impact of his injuries. The exact amount was detailed in the court's judgment, which provided a comprehensive breakdown of the damages awarded. This decision underscores the importance of thorough evidence evaluation and the application of legal principles to ensure just outcomes in personal injury cases.

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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