Supreme Court of Tasmania Law List for Thursday 23 February 2017

Case [2017] TASSCCourtlist 42


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 23 FEBRUARY 2017

HOBART

Court 7, Salamanca Place, Hobart

Before Justice ESTCOURT
Criminal Jurisdiction

9:45 a.m.
For Mention via Video Link
Arlene Maree Taylor
ES

10:00 a.m
For Mention
Luke Cundell Browning
CMG
Stuart Malcolm Allen
Carol Cecily Foster
BLN      
Zachary Nathaniel Galpin
Emma May Wordsworth
George Joseph Bilinski
Jennifer Anne Hindle
Christopher John Worker
Stephen Albert Thomas
Brendan Lee Jones
David Leslie Chandler
Jeremy James Bearman
David Shaw
BDR

For Application to Discharge Supervision Order
Sean Grant Gleeson

For Preliminary Proceedings Application
Joshua Dale Harrison
Joshua Ali Khan
Dylan Vincent Phillips

For Mention/Preliminary Proceedings Application
LR
JAK

For Bail Consent
Andrew John McMillan
Jordan William Hawkins
Kerry Leigh Large
Bradan Sebastian James Stone
Dean Garry Smith
Patrick Charles Hay
Dion Paul Hay
Richard Deane Fox
Karyn Louise Ford
Tyron Thomas Page
Timothy Lee King
Gail Schupp
Casey Richard Cowen
CAF
Michael John Benjamin Wells
Leanne Rosemary Coleman
Jake Ross Gillie
Danny Edward Fry
Oliver William Clark
Thomas Oliver Melick
John Lu Vo
Alexander Shaquille Thomas Nandan

3:15 p.m.
For Bail Application
Travis Lee Braslin
(Part Heard)

4:00 p.m.
For Bail Application
Luke Christopher Wayne Rogers

For Bail Application/Preliminary Proceedings Application 
Travis Anthony Mortyn

Court 8, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction

9:30 a.m.
For Trial
Sharon Louise Munnings
(Part-Heard)

10:00 a.m.
For Mention
Travis Paul Burden
JBH
Martin James Walters

For Application
Derek Leslie Graeme Smith

For Facts and Sentence
Bonnie Karina Hyland

2:15 p.m.
For Sentence
Zachery Saul Syme
Jack William Court

For Facts and Sentence
James Leslie Grey

Civil Jurisdiction
4:15 p.m.
For Further Submissions
Mary Ann Brownell
v
Christine Robinson

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
4:30 p.m.
For Directions Hearing via video link from Court 1, Cameron Street, Launceston
Senior Sergeant John Parker
v
Christopher Luke Shaw

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Launceston
Miscellaneous Civil Business

11:30 a.m.
For Hearing
Martin Colgan as Trustee for the Sette Selle Trust & ors
v
Exploration Production Consultants (Australia) Pty Ltd & ors

12:30 p.m.
Chamber Matter

2:15 p.m.
Dismiss Action
Peta Britton
v
Timothy Jenkins and anor

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Mention
Paul Terrence Purton
Charles John Rattray
Noel Robert Hall
Kerry Lee Cooper

To Follow
For Sentencing Submissions
Timothy Paul Cox

4:15pm For Sentence
Conniey Rea Riley

Civil Jurisdiction

4:30pm For Directions Hearing via video link to Court 1, Salamanca Place, Hobart
Senior Sergeant John Parker v Christopher Luke Shaw

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice Blow
Criminal Jurisdiction
10:00 a.m.
For Sentence
John Joseph Moore
Curtis Steven Cameron

For Bail Consent
Wayne Andrew Bernard William Hall
James Brendon Hardwick
Craig Michael McGrath
Michael John Glover
Joseph William Hancock
Ryan Andrew Shackcloth

For Mention via video-link to
Risdon Prison Complex, Hobart
For Mention
Harley John Parr
Debra Willis Sherriff
Dale Graham Parkinson
Jodie Lynn Parkinson
Timothy Andrew Parker
Barry William Evans
Vanessa Rae Hardwick
Raymond John Pennington
Tristan Andrew David Scolyer
Wayne Andrew Hall
Danny Richard Jago
Adam Chris Onions
Darren James McCall
Brereton James Jones

For Directions Hearing
Hayden Luke Ryan
Michael John Glover
QJL  

For Directions Hearing via video-link to
Risdon Prison Complex, Hobart
Brian Nathan Streets

2:15 p.m.
For Mention
KJW
Barry William Evans
Vanessa Rae Hardwick
Ryan Andrew Shackcloth
Tristan Andrew David Scolyer
Joseph William Hancock
Wayne Andrew Hall
Danny Richard Jago
Adam Chris Onions
Darren James McCall
Brereton James Jones

For Directions Hearing
Hayden Luke Ryan
Michael John Glover
QJL  

For Directions Hearing via video-link to Risdon Prison Complex, Hobart
Brian Nathan Streets

2:15 p.m.
For Mention

KJW

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

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Supreme Court of Tasmania Law List for Thursday 23 February 2017 [2017] TASSCCourtlist 42
Case
[2017] TASSCCourtlist 42
Decision Date

CaseChat Overview and Summary

The case of Peta Britton v Timothy Jenkins and another was heard in the Burnie Court 1, presided over by Chief Justice Blow. The nature of the dispute involved a matter of personal injury, where the plaintiff alleged that the defendants caused her injuries through their negligence. The court was tasked with determining liability and the extent of damages owed to the plaintiff. The defendants contested the claims, arguing that they were not responsible for the plaintiff’s injuries.

The primary legal issue the court had to address was whether the defendants breached their duty of care towards the plaintiff, leading to her injuries. The court examined the evidence presented by both parties and the applicable legal standards regarding negligence and causation. The court also considered the extent of the plaintiff’s injuries and the impact on her life. In deciding the case, the court needed to determine if the plaintiff had sufficiently proved that the defendants' actions directly caused her harm and that the damages claimed were reasonable.

The court found that the defendants were indeed negligent in their actions, leading to the plaintiff's injuries. The evidence presented demonstrated a clear breach of duty of care, and the causation link between the defendants' actions and the plaintiff's injuries was well established. The court awarded the plaintiff damages for her pain, suffering, and loss of enjoyment of life. The final order included a monetary compensation to be paid by the defendants to the plaintiff, reflecting the court's assessment of the total damages.

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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