Law Lists for the Supreme Court of Tasmania, Wednesday, 9 May 2018

Case [2018] TASSCCourtlist 400

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, WEDNESDAY, 9 MAY 2018

HOBART

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing by video link 
Margaret Anne Otto

For Directions Hearing 
Haydon Dale Smith
Kenneth David Reynolds
Benjamin Leigh Higgins
Stuart Norton Woods

Brian Maxwell Barrett

Tyson Jack Montgomery
Paul Andrew Jackson

For Bail Consent
Jarrod Anthony McKenna
Aaron Campbell Brumley
Craig Andrew Leaman

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.
For Mention via video link to Risdon Prison Complex
James Laird Pulford
Justin Cleaver

For Mention
Daniel James Robertson
Witnesses

For Trial

Robert Michael Allen

(Part-Heard)

4:15 p.m.
For Directions Hearing via video link to Risdon Prison Complex
Wade Richard Burgess

For Sentencing Submissions
Nathan John Garth
Zoe Elizabeth Rainbird

For Plea in Mitigation
Stephanie Louise Hay

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Mention
Christopher David Eastley
Rianna Rochelle Lumley
DS

For Trial
Jesse Rick Littlejohn

4:15 p.m.

For Bail Application
Jye David Cowen

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
Set Aside Statutory Demand
Cave Construction Pty Ltd
v
Tas Metal Curving & Fabrication Pty Ltd

4:30 p.m.
Directions Hearing by Telephone
Barry Hansch
v
Pontville Homes Pty Ltd and ors

LAUNCESTON

Before Justice PEARCE
Criminal Jurisdiction
10:00am For Directions Hearing by Video Link to Risdon Prison Complex
Corey Joseph Ford
Marcus Dennis Mayne
Jacob Scott Kevin Riley-McDonald
Ian Rosewall

To Follow
For Directions Hearing
Mark Anthony Carr
Corey Mitchell Gesler
Clinton Charles Wilson
John Benjamin Adams

To Follow
For Directions Hearing
Dylan Mark Dennis Jenkins
TJL    
Danielle Alyce Saltmarsh
James Peter Sampson
James Frederick Edward Slevin
Melissa Joy Mace
Tina Maree Robertson
Renae Lorraine Donald
Rodney Eric Barker
DHR   
MP     
Jake Herlihy
Albert William George

To Follow
For Preliminary Proceedings Application
KPM   
Mathew Stephen Fraser
Benjamin Fraser
SAT             

To Follow
For Bail Consent
TAT             
EAH             
Michael George Routledge
MJF             
Sammual Wilmot
Gavin Thomas Midson
Joseph Edward Auton
GAW  
MJW  

To Follow
For an Application
Keegan Bryan Pallier

To Follow
For Plea
Jonty Peter Smith
MJT             
Robert Oswen Tyler
Phillip James Standage

2:15pm For an Application
Amy Maree Harris v State of Tasmania

4:00pm For Sentence by Video Link to Ashely Youth Detention Centre
JLR    

BURNIE

NO LAW LIST FOR BURNIE

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Details
AGLC
Law Lists for the Supreme Court of Tasmania, Wednesday, 9 May 2018 [2018] TASSCCourtlist 400
Case
[2018] TASSCCourtlist 400
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Cave Construction Pty Ltd v Tas Metal Curving & Fabrication Pty Ltd was heard on May 9, 2018. The plaintiff, Cave Construction Pty Ltd, sought to set aside a statutory demand issued by the defendant, Tas Metal Curving & Fabrication Pty Ltd. This demand was part of a broader dispute involving the enforcement of debts and the legal mechanisms available to debtors facing financial distress.

The central legal issue before the court was whether the statutory demand issued by the defendant could be set aside under the provisions of the Corporations Act 2001. Specifically, the court had to determine if Cave Construction Pty Ltd could demonstrate that it had a genuine dispute with Tas Metal Curving & Fabrication Pty Ltd regarding the debt claimed. This required an analysis of the evidence presented and the legal criteria set out in the Corporations Act.

The court, after reviewing the submissions and evidence, found that Cave Construction Pty Ltd had not demonstrated a genuine dispute with Tas Metal Curving & Fabrication Pty Ltd. Consequently, the court dismissed the application to set aside the statutory demand. The reasoning was based on the lack of substantial evidence to support Cave Construction Pty Ltd's claims of dispute over the debt. This decision upheld the validity of the statutory demand, allowing Tas Metal Curving & Fabrication Pty Ltd to pursue the debt through legal means.

The court ordered that Cave Construction Pty Ltd bear the costs of the proceedings, reflecting the outcome of the case and the unsuccessful nature of their application.

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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