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

3:00 p.m.
For Bail Application

Justin Radcliffe

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 the Hobart City Council and another was heard in the Supreme Court of Tasmania. The plaintiffs, Mr Tomaszewski and another, sought relief against the defendants, the Hobart City Council and another, over an issue concerning local government land use and development. The case was presided over by Justice Brett. The primary legal issues that the court had to address were whether the local council's decision to deny a development application was lawful and if the plaintiffs had grounds to challenge the decision on the basis of procedural fairness and the applicable planning laws.

The court examined the procedural fairness of the council's decision-making process and whether the council had correctly applied the relevant planning laws and policies. It considered whether the plaintiffs had standing to challenge the decision and if the council's decision was made in accordance with the law. The court also looked into whether the council's decision was rational and whether it was supported by proper evidence. After a detailed analysis of the evidence and arguments presented by both parties, the court determined that the council's decision was lawful and properly made. The plaintiffs did not establish that the decision was irrational or that there was a breach of natural justice.

As a result, the court dismissed the plaintiffs' claims. The court found that the council's decision was well within its legal authority and that the plaintiffs had not demonstrated that the decision-making process was flawed. The plaintiffs were ordered to pay the costs of the proceedings. This decision reinforces the importance of adherence to legal procedures in local government decision-making and the high threshold required for successful challenges to such decisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established