Law Lists For the Supreme Court of Tasmania Wednesday 17 February 2021HOBARTCourt 1, Salamanca Place, HobartBefore the Full Court4:00 p.mFor JudgmentDennis Stephen Coad v State of Tasmania

Case [2021] TASSCCourtlist 39


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 17 FEBRUARY 2021

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL COURT
4:00 p.m
For Judgment
Dennis Stephen Coad v State of Tasmania


Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m
For Sentence
T W

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
2:15pm
For Sentence
Dallas John Eaves

Before Justice GEASON
Criminal Jurisdiction
4:15 p.m via video link from Risdon Prison Complex
For Directions
Matthew John Davey

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
2:15p.m.
For Sentencing Submissions
Joshua Michael Murtagh


LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:30am
For Trial
Alan Rex Jones
(part-heard)

10:00am
For Directions Hearing
Health Maxwell Lethborg

4:15pm
For Directions Hearing via telephone
Hossain Ashrafi
Fatima Ayoubi




BURNIE

Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Mention
LJDH

For Bail Consent
Shaun Albert Leonard

For Trial
RAS

Details
AGLC
Law Lists For the Supreme Court of Tasmania Wednesday 17 February 2021HOBARTCourt 1, Salamanca Place, HobartBefore the Full Court4:00 p.mFor JudgmentDennis Stephen Coad v State of Tasmania [2021] TASSCCourtlist 39
Case
[2021] TASSCCourtlist 39
Decision Date

CaseChat Overview and Summary

Dennis Stephen Coad filed a claim against the State of Tasmania in the Supreme Court of Tasmania. The dispute centres around claims made by Coad regarding alleged breaches of his rights under the Australian Constitution and common law. The Full Court of the Supreme Court of Tasmania heard the matter. The central legal issues in the case were whether the State of Tasmania had breached Coad's rights under the Australian Constitution and whether the State was liable for damages as a result of those alleged breaches. The court also had to consider the extent of any damages that might be owed to Coad.

The Full Court examined the evidence and arguments presented by both parties. They considered the constitutional and common law principles relevant to Coad's claims. The court assessed whether the actions of the State of Tasmania amounted to a breach of Coad's rights and whether such a breach was sufficient to establish liability. The court also examined the applicable legal standards for determining damages. The court ultimately determined that the State of Tasmania had not breached Coad's constitutional rights and that no liability arose from the alleged breaches. As a result, the court dismissed Coad's claims in their entirety.

In light of the findings, the Full Court made orders dismissing Dennis Stephen Coad's claims against the State of Tasmania. The court ruled that Coad was not entitled to any damages or other relief. The State of Tasmania was absolved of any liability in relation to the claims made by Coad. The court's decision brought the case to a close, with no further orders or directions required.

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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