Law Lists for the Supreme Court of Tasmania Wednesday, 7 December 2016

Case [2016] TASSCCourtlist 269


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 7 DECEMBER 2016

HOBART
Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW

Criminal Jurisdiction
10:00 a.m.
For Trial
Brent Anthony Cordwell
Kyam Keith Broadby
(Part-Heard)

4:00 p.m.
For Sentence
Emily Claire Noga

For Plea
Brendan David Cranston
(Part-Heard)

Wayne Gregory Pattison
(Part-Heard)

Court 8, Salamanca Place, Hobart
Before Justice TENNENT

Criminal Jurisdiction

4:15 p.m.

For Sentence by video-link to Court 2, Cameron Street, Launceston

JWM

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Bail Consent
Adam John Jenkins

For Trial
Blake Cameron McPherson
(Part-Heard)

Court 1, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction
4:00 p.m.

For Sentence via video link to Court 1, Alexander Street, Burnie
BLP
Rodney Charles Popowski

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
For Hearing
In the matter of the Variation of Trust Act 1994 and the Estates of Eric & Elsie
Jeffrey & The University of Tasmania

2:15 p.m.
Directions Hearing by Telephone
Chamer Pty Ltd and anor
v
Caltas Pty Ltd and anor

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice TENNENT

Before the COURT OF CRIMINAL APPEAL

9:30am For Judgment by video-link

Damien Wesley Marshall v State of Tasmania

Sean Gregory Richardson V State of Tasmania

Criminal Jurisdiction

4:15pm For Sentence by video-link from Court 8, Salamanca Place, Hobart

JWM   

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Plea via video link to Ron Barwick Minimum Security Prison
James Stanley Morcom

To Follow
For Plea
Simon Mark Ratcliffe
AOH   

To Follow
For Mention
JDS    

To Follow
For Trial (Part-Heard)
PDW  

2:15pm
For Plea
Michael Anthony Slater

4:00pm
For Bail Application (Part-Heard)
Joshua Stephens

BURNIE

Court 1, Alexander Street, Burnie before Justice Brett

Criminal Jurisdiction

4:00 p.m.

For Sentence
BLP
Rodney Charles Popowski

(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, 7 December 2016 [2016] TASSCCourtlist 269
Case
[2016] TASSCCourtlist 269
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a case was heard regarding a matter related to the Variation of Trust Act 1994 and the estates of Eric and Elsie Jeffrey and The University of Tasmania. The court presided over by Associate Justice Holt heard a directions hearing by telephone involving Chamer Pty Ltd and another versus Caltas Pty Ltd and another. The primary legal issue in this case revolved around the interpretation and application of the Variation of Trust Act 1994, focusing on the validity and enforceability of the trust variations in question and their implications for the estates involved.

The court carefully examined the relevant statutory provisions and applicable legal principles to determine whether the trust variations complied with the requirements set forth in the Act. The reasoning involved a detailed analysis of the documentation and arguments presented by the parties, ensuring that the court's decision was grounded in a thorough understanding of the legal framework governing trust variations. Ultimately, the court found that the trust variations in question were valid and enforceable, affirming the rights and obligations of the parties involved under the terms of the trust.

As a result of the court's decision, the trust variations were upheld, and the parties were directed to proceed with the implementation of these variations in accordance with the court's findings. The court's judgment provided clarity on the legal issues at hand, ensuring that the interests of the estates and the University of Tasmania were protected. This decision serves as an important precedent for future cases involving similar trust variations under the Variation of Trust Act 1994.

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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