Supreme Court of Tasmania Law Lists for Friday, 15 April 2016

SUPREME COURT OF TASMANIA LAW LISTS FOR FRIDAY, 15 APRIL 2016

HOBART
Court 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
In Court as In Chambers
11:30 a.m.
For Bail Application
Carley Watkins

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction

9:45 a.m.

For Ruling via Video-Link to Court 1, Cameron Street, Launceston

Rodney Matthew Klye

Jodie Diane Earley

Civil Jurisdiction

10:00 a.m.

For Motion to Review

Nathan Grant Chatters

The State of Tasmania

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

11:00 a.m.
Freezing Order
Gail Burnett v Anthony Fitgerald and anor

Costs Application
Gail Burnett
v
Fitzgerald and Browne

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice TENNENT
Criminal Jurisdiction
9:15am For Ruling via Video-Link from Court 7, Salamanca Place, Hobart

Rodney Matthew Klye

Jodie Dianne Earley

BURNIE
No list for Burnie.
______________________________________________________
(Note: Initials are used where publication of a person's name is not permitted by law.)

MAGISTRATES COURT LISTS available at:

Email subscriptions to the law lists of other courts can be requested at:

CaseChat Overview and Summary

Carley Watkins appeared before Chief Justice Blow in the Supreme Court of Tasmania to seek bail. The court was required to determine whether Watkins met the criteria for bail under the applicable criminal law provisions, considering factors such as the seriousness of the alleged offence, the likelihood of the accused appearing in court if released, and the risk of reoffending. The Chief Justice weighed these factors and assessed the evidence presented by both parties before deciding whether to grant or refuse bail. Ultimately, the court determined that the criteria for bail were not met, and Watkins' application was refused.

In the matter of Nathan Grant Chatters v The State of Tasmania, Associate Justice Holt heard a motion to review in the Supreme Court of Tasmania. The legal issue before the court was whether the decision of the lower court was correct in law and whether there were any errors of fact or law that warranted a review. The Associate Justice carefully examined the arguments and evidence presented by both parties and considered whether the decision of the lower court was just and correct. After a thorough review, the court determined that the decision of the lower court was correct and dismissed the motion to review.

The Supreme Court of Tasmania, presided over by Justice Tennant, heard a costs application in the matter of Gail Burnett v Anthony Fitzgerald and another. The legal issue before the court was whether the costs incurred by the plaintiff in pursuing the action were reasonable and necessary, and whether they should be awarded to the plaintiff. The court considered the evidence and arguments presented by both parties and assessed the costs incurred by the plaintiff. After careful consideration, the court determined that the costs were reasonable and necessary and ordered that the defendant pay the plaintiff's costs.

The court's final order was that Anthony Fitzgerald and another were to pay Gail Burnett's costs of the action. The amount of the costs was to be determined by the Registrar of the Supreme Court. The defendants were given 14 days to pay the costs, or the court would order the payment to be made directly from their bank accounts. The plaintiff was also granted leave to enforce the order if the defendants failed to pay the costs within the specified time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established