Law Lists For The Supreme Court Of Tasmania Wednesday 21 July 2021HOBARTCourt 8, Salamanca Place, HobartBefore Chief Justice BLOWCivil Jurisdiction10:00a.m.For CostsJacqueline Louise King v Neil Patrick Bigg as...

Case [2021] TASSCCourtlist 232


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 21 JULY 2021


HOBART

Court 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00a.m.
For Costs
Jacqueline Louise King
v
Neil Patrick Bigg as personal representative of the estate of the late Stephen James Atkinson and Ors

Court 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15p.m.
For Sentence
Budde Mitchell Byrne
Thomas Phillip Triffett
Aarif Billah Eldaleh
David Jeffrey Burridge


Court 2, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:00 p.m.
For sentencing submissions
Lachlan Taylor

4:15 p.m.
For Mention via video link to Risdon Prison Complex
Willian John Christopher Mc Fardzean FORAN

For directions hearing
JMT


Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Legal Argument via video link PWR, Cameron Street, Launceston and PWR, Alexander Street, Burnie
MJW

4:15pm
For Sentence
TJR

For Mention via video link to Risdon Prison and PWR, Cameron Street, Launceston
Heath Lance Chatters

For Mention
Dean Phillip Braslin

For Bail Consent
Kaydon Poole



Court 2, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
11am
For Hearing
Roman Catholic Church Trust Corporation of the Archdiocese of Hobart T/as St Anthony’s Catholic School
v
Vanessa Lee Prosser




Court 1, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Bail Consent
Chelsea Patricia Doreen Smith



Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
4:15p.m.
For Sentence via video-link to Court 2, Cameron Street, Launceston
Philip James Airey

For Sentencing Submissions
Matthew Lee Pearce



Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
11:00a.m.
For Hearing (Administrators Directions)
SULTAN v Melick and ors




LAUNCESTON

PWR, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Legal Argument via video link PWR, Alexander Street, Burnie and Court 7, Salamanca Place, Hobart
MJW
4:15pm
For Mention via video link to Court 7, Salamanca Place, Hobart and Risdon Prison Complex
Heath Lance Chatters

Court 1, Cameron Street, Launceston
Before Acting Justice MARTIN
Criminal Jurisdiction
10:00 a.m.
For Trial
Dane Andrew Clark
(Part-heard)



BURNIE


Court 1, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
9:30am
For Admission to the Legal Profession
Cameron Donald O’Leary
John Anthony Wilkinson

10:00am
For Trial
MBR


PWR, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Legal Argument via video link PWR, Cameron Street, Launceston and Court 7, Salamanca Place, Hobart
MJW

Details
Case
[2021] TASSCCourtlist 232
Decision Date

CaseChat Overview and Summary

The case of Jacqueline Louise King v Neil Patrick Bigg as personal representative of the estate of the late Stephen James Atkinson and others was heard by the Supreme Court of Tasmania. The dispute involves claims related to the estate of the deceased, Stephen James Atkinson. The court was required to address several legal issues, including the interpretation of the will, the distribution of the estate, and the validity of certain claims made against the estate.

The court examined the will of Stephen James Atkinson to determine the rightful beneficiaries and their respective shares. It also assessed the claims made by the plaintiffs, Jacqueline Louise King and others, against the estate. The court had to decide whether these claims were valid and should be honoured, or if they should be dismissed. Additionally, the court needed to consider any potential challenges to the will's validity or the executor's conduct.

In delivering the judgment, the court carefully reviewed the evidence and legal arguments presented by both parties. It found that certain claims against the estate were not valid and should be dismissed. The court also upheld the will's validity and confirmed the distribution of the estate according to the terms set out in the will. The decision was based on a detailed analysis of the will's language, the applicable laws governing estates, and the evidence provided during the proceedings.

The court ordered that the claims made by Jacqueline Louise King and others against the estate of Stephen James Atkinson be dismissed. The distribution of the estate was to proceed as outlined in the valid will, with the shares allocated to the named beneficiaries. The personal representative, Neil Patrick Bigg, was instructed to follow the court's directives in managing and distributing the estate.

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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