Law Lists for the Supreme Court of Tasmania, Wednesday, 21 March 2018

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, WEDNESDAY, 21 MARCH 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention
Steven Craig Murtagh

For Trial
Matthew John Davey
Dillon Anthony Davey
Scott Raymond Dale
(Part Heard)

4:00 p.m.
For Mention via video link to
Court 2, Cameron Street, Launceston
SM
v
State of Tasmania

For Application for Forfeiture
Stephanie Anne Maree Duggan

For Bail Application
Simon Anthony Catto

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Mention
Scott Andrew Cripps

For Directions Hearing
Stephen John Williams

For Bail Consent
Stephanie Louise Hay

For Trial

Court 2, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Bail Application
Brendan Lee Jones
Mark Frankcombe
Mark Burridge
Alex Large
Samuel Kenneth Joe Morley
Bradley Abel
James MP Fitzgerald

Court 1, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
10:00 a.m.
For Trial
Brocklands Pty Ltd
v
Tasmanian Networks Pty Ltd
(Part-Heard)

Criminal Jurisdiction
4:15 p.m.
For Sentencing Submissions

Travis Anthony Mortyn

Tyron James Page

LAUNCESTON

Before Chief Justice BLOW
Criminal Jurisdiction

4:00pm For Mention via video link from
Court 7, Salamanca Place, Hobart
SM v State of Tasmania

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Trial (Part Heard)
Nathan Scott Davidson

BURNIE

Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction

10:00 a.m.
For Mention

Nathan Gregory Coppleman
Melinda Lee Batten
Todd Michael Walker
Joshua Michael Wyllie

For Trial
Guy Jon Lorenz
Scott Phillip Strahan
(Part-Heard)

4:00 p.m.
For Mention by video link
Bradley John Upton

For Mention
Vanessa Rae Hardwick
Joshua Adrian Leary

For Plea
Lochlan John Jahnig

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

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CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Brocklands Pty Ltd v Tasmanian Networks Pty Ltd was heard by Justice GEASON in the Civil Jurisdiction. The dispute centred around the construction of a telecommunications tower on Brocklands' property. The legal issues involved the rights and obligations of the parties under a lease agreement and the impact of the tower's construction on Brocklands' property.

The court considered whether the construction of the tower was permissible under the lease agreement and if it constituted a breach of any covenants or conditions. Justice GEASON examined the terms of the lease, the parties' conduct, and relevant statutory provisions. The court held that the construction of the tower was in breach of the lease agreement, as it violated the covenant for the property to remain undeveloped. The court further determined that the breach significantly affected Brocklands' property rights and ordered an appropriate remedy.

The final orders included a declaration that the construction of the tower was in breach of the lease agreement, an injunction preventing further construction, and a direction for the parties to negotiate a resolution. The court also ordered costs to be borne by the respondent, Tasmanian Networks Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established