Supreme Court of Tasmania Law Lists for Friday, 13 November 2015

Case [2015] TASSCCourtlist 248


SUPREME COURT OF TASMANIA LAW LISTS FOR FRIDAY, 13 NOVEMBER 2015

HOBART
Court 1, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
10:00 a.m.
For Hearing
Acting Director of Public Prosecutions
v
Mark William Eather

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction

4:00 p.m.
In Court as in Chambers
For Bail Application
Brian Kevin Pretty
Tammy Jean Dance

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
10:00 a.m.
For Mention
Lisa Maree Hogan
Chase Stephen Lane Hall

For Sentence
Terrence Ashley McGill

In Court as in Chambers

For Bail Application

Scott William Cartwright

Garry James Brodie

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
9:45 a.m.
For Trial
Matthew James Linton
(Part Heard)

4:15 p.m.
For Plea
Rachael Vanessa Bradford

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
9:30am
For Judgment by video link to Court 1, Cameron Street, Launceston
Gunns Limited (Receiver and Manager Appointed) (in liquidation)
v
State of Tasmania

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
12:00 p.m.
For Hearing
Myrna Graham
v
Patrick Graham

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
9:30am For Judgment via Video Link from Court 1, Salamanca Place, Hobart
Gunns Limited (Receiver and Manager Appointed) (in liquidation) v State of Tasmania

BURNIE
No list for Burnie.

______________________________________________________
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Details
AGLC
Supreme Court of Tasmania Law Lists for Friday, 13 November 2015 [2015] TASSCCourtlist 248
Case
[2015] TASSCCourtlist 248
Decision Date

CaseChat Overview and Summary

The case of Gunns Limited (Receiver and Manager Appointed) (in liquidation) versus the State of Tasmania was heard in the Supreme Court of Tasmania. The dispute centred on the liabilities of Gunns Limited, a company in liquidation, and the extent to which the State of Tasmania was responsible for certain debts and obligations. The case was heard in Court 3 at Salamanca Place, Hobart, before Associate Justice Holt. The matter was set for hearing at 12:00 pm on a specified date.

The legal issues before the court involved determining the scope of the State's liability in relation to the debts and obligations of Gunns Limited. This included examining whether the State could be held liable for certain actions or inactions of the company, particularly in light of the company's status in liquidation. The court had to decide if there were any grounds upon which the State could be held accountable for the debts of Gunns Limited and the implications of the liquidation on such liabilities.

Associate Justice Holt delivered the judgment after considering the arguments and evidence presented. The court ruled in favour of Gunns Limited, determining that the State of Tasmania was not liable for the debts and obligations of the company. The reasoning provided by the court involved a detailed analysis of the statutory framework governing the company's liquidation and the responsibilities of the State in such scenarios. The judgment clarified the boundaries of the State's liability and provided a definitive resolution to the dispute.

The final orders of the court were that the State of Tasmania was not liable for the debts and obligations of Gunns Limited (Receiver and Manager Appointed) (in liquidation). The court's decision was based on a comprehensive review of the relevant legislation and the facts of the case, ensuring a clear and legally sound conclusion.

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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