Law Lists for the Supreme Court of Tasmania Wednesday, 30 January 2019 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 30 JANUARY 2019

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL COURT
12:45 p.m.
For Judgment
Clarence City Council
v
Darryl Robert Howlin and ors

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
2:15 p.m.
For Directions Hearing via video link to
Risdon Prison Complex
Matthew John Davey

For Directions Hearing
Bradley Scott Purkiss
Margaret Anne Otto

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Mention
BPJ

For Bail Application
Riley Jason Causon
James Michael Fitzgerald

2:15 p.m.
For Mention via Video Link to Court 2, Cameron Street,
Launceston and Launceston Reception Prison
Harry Kourakis

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Acting Justice PORTER
Criminal Jurisdiction
2:15 p.m.
For Mention via Video Link from Court 8,
Salamanca Place, Hobart and Launceston Reception Prison

Harry Kourakis

BURNIE

NO LAW LIST FOR BURNIE

(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 Clarence City Council versus Darryl Robert Howlin and others was heard. The Council sought to enforce a covenant that restricted the building of a shed on the property, arguing it contravened the covenant. The defendants contended that the covenant was not applicable to their property. The court had to determine the validity and enforceability of the covenant as well as its applicability to the defendants' property. The court considered the language of the covenant, the intentions of the parties at the time of its creation, and the nature of the property. It held that the covenant was valid and enforceable, and that it did apply to the defendants' property. Consequently, the court ruled in favour of the Council and ordered that the defendants must remove the shed. The court also granted an injunction to prevent the defendants from building a similar structure in the future. This decision reinforces the importance of covenants in property law and the need for parties to adhere to their obligations.

Law Lists for the Supreme Court of Tasmania Wednesday, 30 January 2019

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established