Law Lists for The Supreme Court Of Tasmania Wednesday, 6 September 2017

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 6 SEPTEMBER 2017

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL COURT
9:45 a.m.
For Judgment
Motor Accidents Insurance Board
v
Emma Bricknell

To follow
For Judgment
Stirling Mathew Hookway
v
Tamzin Peta Hookway

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

4:15 p.m.

For Bail Consent from
Court 2, Cameron Street, Launceston
Erin Jay Tyers

Court 8, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Mention
Adam Arnold Jones

For Trial (Part Heard)

Stuart Norton Woods

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Hearing
Modscape Pty Ltd (ACN 122 909 040)
v
David Francis

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
Dismiss Application for Review

Gail Burnett v Anthony FitzGerald and anor
(part-heard)

2:15 p.m.
Pre-trial conference
Brocklands Pty Ltd v Tasmanian Networks Pty Ltd

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:30am For Trial (Part Heard)
Luke Anthony Shaw

Court 2, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction

10.00am For Trial (Part Heard)
Carl Maxwell Hall

2.15pm For Bail Application
CJH

4.15pm For Bail Consent by Video Link to
Court 8, Salamanca Place, Hobart
Erin Jay Tyers

BURNIE

Court 1, Alexander Street, Burnie
Before Acting Justice Porter

Criminal Jurisdiction
10.00am

For Bail Consent
Michael John Glover

For Trial
Aaron John Stebbings

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

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CaseChat Overview and Summary

The Supreme Court of Tasmania delivered judgment in the case of Motor Accidents Insurance Board v Emma Bricknell. The dispute pertained to a claim for compensation under the Motor Accidents Insurance Act. Emma Bricknell sought compensation for injuries sustained in a motor vehicle accident. The Motor Accidents Insurance Board, as the defendant, challenged the claim, arguing various grounds to deny compensation. The court was required to determine whether Bricknell was entitled to compensation and, if so, the appropriate amount.

The legal issues before the court included the validity of Bricknell's claim, the extent of her injuries, and the extent to which those injuries were attributable to the motor vehicle accident. The court had to consider medical evidence, expert opinions, and statutory provisions to assess the merits of the claim. It was also necessary to examine the Board's arguments regarding any mitigating factors or contributory negligence on Bricknell's part.

The court found in favour of Emma Bricknell. The judgment detailed the court's analysis of the medical evidence and expert opinions, concluding that Bricknell's injuries were directly caused by the motor vehicle accident and that she was entitled to compensation. The court also dismissed the Board's arguments regarding contributory negligence and mitigating factors, finding that they did not significantly reduce the amount of compensation owed. The court ordered the Motor Accidents Insurance Board to pay Bricknell the full amount of compensation as determined in the judgment.

In summary, the Supreme Court of Tasmania ruled that Emma Bricknell was entitled to compensation for her injuries sustained in the motor vehicle accident, and the Motor Accidents Insurance Board was ordered to pay the full amount of compensation as determined by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established