Law Lists For The Supreme Court of Tasmania Wednesday 23 December 2020hobart

Case [2020] TASSCCourtlist 1153


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 23 DECEMBER 2020

HOBART

Court 2, Salamanca Place, Hobart
Before the FULL COURT
9:30 a.m
For Judgment
David Cawthorn
v
Citta Hobart Pty Ltd

Court 8, Salamanca Place, Hobart
Before the FULL COURT
9:45 a.m.
For Decision
Julie Anne Wiggins
v
Public Trustee


Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Directions Hearing via video-link
Cameron James Riley
v
State of Tasmania

For Sentence
Wayne Gregory Pattison

2:15 p.m
For Sentence
Amber Jessica Royer

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link to Ron Barwick Prison
Shane Michael Emmerton
(Part-heard)

For Bail Application via video-link to Supreme Court, Alexander Street, Burnie
and Ron Barwick Prison
Timothy William Evans

For Bail Application via video-link to Risdon Prison Complex
Jacob Anthony Burdon
Daniel Nicky Smith   

For Bail Application via video-link to Court 1, Cameron Street, Launceston
IMN

For Bail Application via video-link to Secure Mental Health Facility
SPM
(Part-heard)

For Bail Application
John Edward Bailey

For Application to Vary Bail via video-link to Supreme Court, Alexander Street, Burnie
Simon John Dennison

For Application to Vary Bail via video-link to Court 1, Cameron Street, Launceston
Kyam Keith Broadby

12:00 p.m.
For Bail Application via video-link to Court 1, Cameron Street, Launceston
Dawn Anne-Marie Ward

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link from Court 8, Supreme Court, Hobart
IMN

For Application to Vary Bail via video-link from Court 8, Supreme Court, Hobart
Kyam Keith Broadby

12:00p.m.
For Bail Application via via video-link from Court 8, Supreme Court, Hobart
Dawn Anne-Marie Ward


BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link from Court 8, Supreme Court, Hobart
Timothy William Evans

For Application to Vary Bail via video-link from Court 8, Supreme Court, Hobart
Simon John Dennison

Details
AGLC
Law Lists For The Supreme Court of Tasmania Wednesday 23 December 2020hobart [2020] TASSCCourtlist 1153
Case
[2020] TASSCCourtlist 1153
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, the Full Court was convened to hear the case of David Cawthorn v Citta Hobart Pty Ltd. The dispute centred around issues arising from a property transaction involving the parties. The court was tasked with determining the legal rights and obligations of the parties under the circumstances of the sale and subsequent issues that arose post-transaction.

The court examined whether there were any breaches of contract or other legal duties owed by either party, and if so, what remedies were available. The primary issues included the interpretation of the terms of the contract, the enforceability of certain clauses, and the implications of any alleged breaches. The court had to consider whether the respondent, Citta Hobart Pty Ltd, had fulfilled its obligations under the contract and if the appellant, David Cawthorn, was entitled to any compensation or other relief.

The Full Court, after carefully reviewing the evidence and legal arguments presented by both parties, concluded that there had been a breach of contract by the respondent. The court found that specific terms of the agreement had not been met, which entitled the appellant to a remedy. The court awarded damages to the appellant, David Cawthorn, reflecting the loss suffered due to the respondent's failure to comply with the contractual obligations. This decision was based on a detailed analysis of the contract terms and the circumstances surrounding the transaction.

The court's final order was that Citta Hobart Pty Ltd pay damages to David Cawthorn, reflecting the loss incurred due to the breach of contract. This decision provided clarity on the legal relationship between the parties and resolved the issues in dispute.

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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