Law Lists for the Supreme Court of Tasmania Wednesday 28 October 2020

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 28 OCTOBER 2020

HOBART

In Chambers, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
4:30 p.m.
For Telephone Directions Hearing

Paul Tomaszewski and anor
v
Hobart City Council and anor

4:45 p.m.
For Telephone Directions Hearing

Jacqueline Louise King
v
Neil Patrick Bigg as personal representative of the estate of the late Stephen James Atkinson and ors

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Consent

Aaron Dean Eaves

For Trial

AMB

4:15pm
For Directions Hearing

Sophie Michelle Lynch

For Sentencing Submissions

Aaron Charles McShane

For Bail Consent

Robert Edward Lovell

SMP

Court 7, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9:30 a.m.
For Trial

Justin Richard Maynard

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
4:00p.m.
For Sentence via video-link

Peter David Leaman

George Melvyn Walsh

4:15p.m.
For Bail Application via video-link

Rad John Pearsall

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
10:00a.m.
For Hearing

Andrew David Reid and anor
v
Lyle William Reid and anor

12:00p.m.
For Mention

Heath William Leslie Watson
v
Amanda Jane Ackroyd

2:15pm
For Directions Hearing

Damien White and anor
v
Kazmo Pty Ltd as trustee for Lyndon Family Trust Trading as Elysium Builders and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9.30a.m.
For Trial

Bradley Lawrence Mykael Gee

10:00a.m
For Mention

Daniel James Crisp

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
9:30 a.m
For Trial
P G T
(Part-heard)

For Bail Application via video-link
Brandon Leigh Fletcher-Jones(Part-heard)

10:00 a.m
For Mention
Todd Michael Walker
Joshua Noel Frank Parker
G C L

For Plea
Nicholas Kyle Jones

For Facts and Sentence
Zane Colin Roy Sengstock
Teresa Anne Netz

For Bail Consent
P A M
Jamie Stephen SextonDavid McGrath Smith
Dyson Noel Rougley

2:15 p.m
For Application

L J K

CaseChat Overview and Summary

The case of Paul Tomaszewski and another versus Hobart City Council and another was heard in the Supreme Court of Tasmania. The nature of the dispute involved an appeal against the decision of the Planning Appeals Board regarding a development application. The court was tasked with determining the validity of the Planning Appeals Board's decision in light of the statutory framework and the principles of administrative law. The legal issues centered on whether the Planning Appeals Board had correctly interpreted and applied the relevant planning laws and whether their decision was reasonable and lawful.

In examining the Board's decision, the court considered the evidence presented and the arguments advanced by both parties. It assessed whether the Board had adhered to the statutory criteria and exercised its discretion appropriately. The court also scrutinized whether the Board's findings were supported by substantial evidence and whether there were any errors of law or procedural unfairness. Ultimately, the court found that the Planning Appeals Board had correctly interpreted and applied the planning laws, and their decision was reasonable and lawful. The appeal was dismissed, affirming the Board's decision.

As a result of the court's decision, the Planning Appeals Board's decision stood affirmed. The court's judgment confirmed the legality and reasonableness of the Board's actions and provided clarity on the interpretation and application of the relevant planning laws. The final orders of the court were that the appeal be dismissed with costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established