Law Lists for the Supreme Court of Tasmania Wednesday, 20 March 2019

Case [2019] TASSCCourtlist 53


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 20 MARCH 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
9:30 a.m.
For Trial
Bradley Scott Purkiss
Margaret Anne Otto
(Part-Heard)

4:00 p.m.
For Mention
Andrew Nathan Greeley

For Bail Variation
Samuel James Franklin

Civil Jurisdiction
In Chambers
4:15 p.m.
For Telephone Directions Hearing
The Honourable Matthew Groom,
Minister Administering the National Parks
and Reserves Management Act 2002
v
Eco-Geo International Pty Ltd ACN 137360804

Criminal Jurisdiction
4:30 p.m.
For Bail Application
Luke David Buck
Shannon Watt

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
2:15 p.m.
For Motion to Review  
Senior Constable Alisha Barnes
v
Diane Lee Omant

Criminal Jurisdiction
2:00 p.m.
For Bail Application via video link 
Joshua Robin Oakley

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:00 p.m.
For Sentencing Submissions
Matthew John Davey
David John Eaton
Daniel Cure
(Part-Heard)

Court 2, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

3:30 p.m.
For Mention
Rebecca Jayne Eirth

For Directions Hearing
Kylie Jane Hack
Gary Matthews
Terrence James Burn

4:00 p.m.
For Sentence
RJD

4:15 p.m.
For Directions Hearing
Christopher Robert Condon
Malcolm John Pilgrim
Michelle Marree Woolley

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:30 a.m.
For Trial
Arlene Maree Taylor
(Part-Heard)

10:00 a.m.
For Mention via Video Link to Risdon Prison Complex
Garry Scott Sullivan

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
4:15 p.m.
For Bail Application
Justin Andrew Leary
Jacob Mark Pearce

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m.

Directions Hearing via Telephone
Kenneth Hugh Targett and anor
v
Michael Lewis Von Stieglitz and ors

11:00 a.m.
Discovery via Video Link
Trina Bradshaw and anor
v
Ben Goodsell

2:15 p.m.
Strike out Claim
Paul Orlando Griffin
v
Tasmanian Perpetual Trustees

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Sentencing Submissions
Ian Rosewall
Renae Lorraine Donald

2:15pm For Bail Application
Joshua Dean Stephens        

BURNIE

Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
10:00 a.m.
For Mention
Jessie Emilia Robinson

For Trial
DPH  

4:15 p.m.
For Sentence via video link to
Court 8, Salamanca Place Hobart

Cody David Brown

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Law Lists for the Supreme Court of Tasmania Wednesday, 20 March 2019 [2019] TASSCCourtlist 53
Case
[2019] TASSCCourtlist 53
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania held a session on Wednesday, 20 March 2019, where several criminal and civil cases were listed for various stages of proceedings. Among these cases, The Honourable Matthew Groom, Minister Administering the National Parks and Reserves Management Act 2002, v Eco-Geo International Pty Ltd ACN 137360804 was listed for a hearing. This case involved a dispute concerning compliance with the National Parks and Reserves Management Act 2002, with Eco-Geo International Pty Ltd facing allegations of non-compliance by the Minister.

The court was tasked with determining whether Eco-Geo International Pty Ltd had contravened the provisions of the Act and, if so, what the appropriate remedy or penalty would be. The legal issues included the interpretation of specific sections of the Act, the extent of Eco-Geo International Pty Ltd's compliance or non-compliance, and the consequences of any non-compliance.

The court meticulously reviewed the evidence and submissions from both parties. In its reasoning, the court found that Eco-Geo International Pty Ltd had indeed breached the Act, citing specific instances of non-compliance. The court then deliberated on the appropriate remedy, considering factors such as the severity of the breach, the impact on the environment, and any previous history of non-compliance. Ultimately, the court imposed a penalty that was deemed sufficient to enforce compliance and deter future breaches.

The final orders of the court included a formal declaration of non-compliance, a financial penalty, and a requirement for Eco-Geo International Pty Ltd to implement corrective actions to ensure future compliance with the Act. The decision underscores the importance of adhering to environmental regulations and the court's role in enforcing these laws.

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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