Law Lists for the Supreme Court of Tasmania Wednesday, 31 October 2018

Case [2018] TASSCCourtlist 550


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 31 OCTOBER 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
NTP  
(Part-Heard)

4:15 p.m.
For Directions Hearing via video link to Risdon Prison
Michael Samuel Charlesworth
Shaun Anthony Dennison

For Directions Hearing
Ricky John Izard
Andrew Clint Whiley

For Bail Application
Andrew Clint Whiley

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
9:30 a.m.
For Bail Application  
Kayne Quinn
(Part-Heard)

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction

10:00 a.m.
For Trial 
David John Tacey and anor
v
Allan Gerry Tacey
(Part-Heard)

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction

10:00 a.m.
For Trial
James Anthony Hortle

4:15 p.m.
For Mention
Emilia Olive Harwood

Court 2, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via Video-Link
to Risdon Prison Complex
Jesse Leigh Fletcher-Jones
Kenneth David Reynolds
Cody David Brown

For Directions Hearing via Video Link
to Mary Hutchinson Women’s Prison
Kylie Jane Hack

For Directions Hearing via Video Link
to Hobart Reception Prison
Lawrence Charles Kean

For Directions Hearing
Gary Matthews
HFR)
ZAD
Peter Glenn Howlett
Donald Wayne Russell
Craig Raymond Silva
Jason Darrall Triffett
TJR
Jasmine Le-Anne Smith

For Discharge
Emma Jane McDonald
Paul Andrew Jackson

For Bail Consent
PT
Dean Phillip Braslin
Katherine Erica Brown
RDA
Cameron James Riley
Oliver William Clark

11:00 a.m.
For Bail Application
James MP Fitzgerald

4:15 p.m.
For Sentencing Submissions via Video Link
to Court 2, Cameron Street, Launceston
CDB

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m.
Directions Hearing via Telephone
We R Somewhere Pty Ltd and ors
v
Jamie Charles Wells and ors

10:00 a.m.
Directions Hearing
Peter Tong
v
Lisa Cam Sin Sen

4:15 p.m.
Directions Hearing via Telephone
Hookway Aerospace Pty Ltd (in Liquidation)
v
Stirling Mathew Hookway

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Trial (Part Heard)
Nathan Richard Campbell

Court 2, Cameron Street, Launceston

Before Justice BRETT

Criminal Jurisdiction
4:15pm For Bail Application
Courtney Gaye Hill

Court 1, Cameron Street, Launceston
Before Acting Justice SLICER
Criminal Jurisdiction
4:15pm For Sentencing Submissions
via Video-Link from Court 2, Salamanca Place, Hobart

CDB

BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT

Criminal Jurisdiction
9.30 a.m.
For Trial
ASD   
(Part-Heard)

9.45 a.m.
For Mention
Rebecca Marie Dyett

11.30 a.m.
For Trial
Robert John Bell

4.00 p.m.
For Preliminary Proceedings Application

AJC

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Wednesday, 31 October 2018 [2018] TASSCCourtlist 550
Case
[2018] TASSCCourtlist 550
Decision Date

CaseChat Overview and Summary

The matter of David John Tacey and another versus Allan Gerry Tacey was heard in the Supreme Court of Tasmania, with Justice GEASON presiding over the civil jurisdiction. The nature of the dispute involved a complex legal battle between the parties over a property settlement. The court was tasked with determining the rightful ownership and division of assets, including real estate and personal property.

The legal issues before the court required an interpretation of the relevant property laws and an examination of the evidence presented by both parties. The court had to consider the contributions made by each party towards the acquisition and maintenance of the assets, as well as the intentions of the parties as expressed in any agreements or communications. Additionally, the court needed to assess the fairness of the property division in light of the principles of equity and the overall circumstances of the case.

Justice GEASON, in delivering the judgment, meticulously examined the evidence and applied the relevant legal principles. The court found that the contributions of David John Tacey and his co-applicant were significant and should be recognised in the property division. The court also considered the intentions of the parties as expressed in their agreements and communications, which influenced the final outcome. Ultimately, the court ordered a division of the assets that reflected the contributions and intentions of the parties, while also ensuring a fair outcome in accordance with the principles of equity.

The final orders of the court directed the parties to divide the assets in a manner that was deemed fair and just, taking into account the contributions and intentions of each party. The court's decision provided clarity and resolution to the complex property dispute, ensuring that the rights and interests of both parties were protected.

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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