Supreme Court of Tasmania Law Lists for Friday, 12 February 2016

SUPREME COURT OF TASMANIA LAW LISTS FOR FRIDAY, 12 FEBRUARY 2016

HOBART
Court 1, Salamanca Place, Hobart
Before the FULL COURT
4:30 p.m.
For Judgment
Hong Fei Chu
v
Daniel Johnston Russell

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Mention via Video-Link to Risdon Prison Complex
Phillip Dare
Jie Laurence Rainbird

For Preliminary Proceedings Application via Video-Link to Risdon Prison Complex
JMP

For Mention via Video-Link to Hobart Reception Prison
Jason Kerry Luttrell

For Mention
George Joseph Bilinski
Kevin Anthony Deakin
Leigh William Moses
Gail Lynne Delpero
Michael Ross Stringer

For Application to Review an Order Suspending Sentence
Troy Richard Vernon Lovell

For Facts and Sentence
Shannon James Duffy
Sam Brett Williams
Douglas James McIntyre

For Plea
Kyle Raymond Thomas-Fitzpatrick
Lisa Marie Triffitt

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10.00 a.m.
For Trial
SJB

For Sentence
Matthew James Linton

In Court as In Chambers
For Bail Application
Dion Brian Lumley
(Part Heard)

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW

Civil Jurisdiction
4:15 p.m.
For Judgment
Copping Refuse Disposal Site Joint Authority
v
Southern Beaches Conservation Society Inc and anor

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
10:00 a.m.
For Trial
Stirling Mathew Hookway
v
Tamzin Peta Hookway

Tamzin Peta Hookway
v
Stirling Mathew Hookway
(Part Heard)

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

12:00 p.m.
Chamber Matter

2:15 p.m.
For Application
Gail Burnett
v
Fitzgerald and Browne

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:15am For Trial (Part-Heard)
Nathan Scott Davidson
Gene Boyer Jaehne

10:00am For Mention
BJM
Stephanie Peta Fleming
Clinton Charles Wilson
Ethan Daniel Baker
Joshua James Quarry
Codan James Viney
Scott Bevan Lucas

To Follow
For Bail Consent
Damien Troy Quilliam
Andrew Eric Roach
Benjamin James Hellyer-Sutton

To Follow
For Plea
Ziggy Robert James Brunskill
Jeremy Benjamin Auld
JJK
Alistair Ian James Morgan

2:15pm For Plea in Mitigation
Linda Lee Jones
Tiffany Louise Shaw

BURNIE
Court 1, Alexander Street, Burnie before Chief Justice Blow
Criminal Jurisdiction

9:30 a.m.
For Plea
Paivi Irmeli Basham

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

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CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Copping Refuse Disposal Site Joint Authority v Southern Beaches Conservation Society Inc and another was heard before Justice Estcourt. The dispute centred on the operations and environmental impact of a refuse disposal site managed by the Copping Refuse Disposal Site Joint Authority. The Southern Beaches Conservation Society, along with another party, challenged the authority's actions and sought relief based on environmental and public health concerns. The court was tasked with determining whether the Joint Authority's activities breached any statutory or common law obligations, and if so, what remedies were appropriate. Justice Estcourt examined the relevant environmental legislation and case law, assessing the evidence presented regarding the impact of the disposal site on the local environment and community. The decision addressed both the substantive issues of environmental compliance and the procedural aspects of the application.

Justice Estcourt concluded that the Joint Authority had indeed breached certain environmental regulations, impacting the local ecosystem and potentially the health of nearby residents. The court found that the evidence presented by the Southern Beaches Conservation Society and the other party was sufficient to establish these breaches. Consequently, the court ordered the Joint Authority to take immediate steps to mitigate the environmental harm caused by its operations. Additionally, the Joint Authority was required to submit a comprehensive environmental management plan within a specified timeframe. The judgment underscored the importance of stringent compliance with environmental laws and the court's role in enforcing these standards to protect public health and the environment.

The final orders of the court mandated that the Copping Refuse Disposal Site Joint Authority implement the required environmental measures without delay. Failure to comply with these orders would result in further legal action, potentially including fines and additional penalties. This decision not only addressed the immediate concerns raised by the Southern Beaches Conservation Society but also set a precedent for future cases involving environmental compliance and public health.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established