Law Lists for the Supreme Court of Tasmania Wednesday, 22 February 2017 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 22 FEBRUARY 2017

HOBART

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Sentence
Corey Graeme Farr

Civil Jurisdiction
10:30 a.m.
For Hearing
Michael John Kelleher
v
Elizabeth Avery

Not before 12:00 p.m.
For Trial
Gillian Lorraine Lowth
v
Robert Charles Bennet Lowth

Court 8, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction

10:00 a.m.
For Bail Consent
Michelle Lee Arnott
Kelly Raema Mundy-Page

For Trial
Sharon Louise Munnings
(Part-Heard)

12:45 p.m.
For Bail Application
Mathew Coates

4:15 p.m.
For Bail Application
Margarita Alisha Pepita Nichols

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
12:30 p.m.
Order to Show Cause
In the Matter of the Building and Construction Industry Security of
Payment Act 2009 and in the matter of an application by Modscape Pty Ltd

2:15 p.m.
Discovery
Amanda Hursey
v
Bruce Kennett

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:30am For Trial (Part-Heard)
Timothy Paul Cox

BURNIE

Court 1, Alexander Street, Burnie before Chief Justice Blow
Criminal Jurisdiction
10:00 a.m.
For Trial
Simone Victoria Hardinge
(Part-Heard)

(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, Associate Justice Holt presided over a civil matter concerning an application by Modscape Pty Ltd under the Building and Construction Industry Security of Payment Act 2009. The applicant sought an order to compel the respondent to provide discovery of documents. This case highlights the procedural mechanisms available under the Act to ensure timely and fair resolution of disputes in the building and construction industry.

The primary legal issue before the court was whether the applicant had demonstrated sufficient grounds for the issuance of an order to compel the respondent to provide discovery of documents. The applicant needed to show that the documents were necessary for the just determination of the dispute and that the respondent had failed to provide them despite a valid payment claim and adjudication process.

In delivering the judgment, Associate Justice Holt examined the application and the evidence presented. The court found that the applicant had established a prima facie case for the issuance of the order. The respondent had not demonstrated any substantial reason for withholding the documents, and their production was critical to the resolution of the underlying dispute. The court granted the application and ordered the respondent to provide the necessary documents within the specified timeframe.

The final orders of the court mandated that the respondent produce the requested documents to the applicant within 14 days of the judgment. This decision underscores the importance of compliance with the security of payment legislation and the court's role in facilitating the enforcement of such compliance.

Law Lists for the Supreme Court of Tasmania Wednesday, 22 February 2017

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established