Supreme Court of Tasmania Law Lists for Friday, 4 December 2015 Summary

SUPREME COURT OF TASMANIA LAW LISTS FOR FRIDAY, 4 DECEMBER 2015

HOBART
Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention
Scott Andrew Cripps
JCN

For Bail Variation
Scott Raymond Dale

For Directions Hearing
Stuart Barry Russell
v
State of Tasmania

For Sentence
Rowena Amy Worbey

In Court as In Chambers
12:00 p.m.
For Bail Application
Duc Van Nguyen
Adrian Patrick Farnell

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
For Hearing

Lyell John Knowles & Ors as Trustees of the Estate of Fred French deceased
v
The Honourable Vanessa Goodwin in her capacity as the Attorney-General for the State of Tasmania

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
In Court as In Chambers
10:00 a.m.
For Costs Application
Gail Burnett
v
Anthony Fitzgerald and Roland Browne

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.
Extend Time
Shane Streets
v
Telina Phillips & Anor

2:15 p.m.
Enter Judgment
Bass Oil & Gas Pty Ltd (In Liquidation)
v
David Bendall

LAUNCESTON
No list for Launceston.

BURNIE
Court 1, Alexander Street, Burnie before Justice Tennent
Criminal Jurisdiction

10:00 a.m.

For Trial

NHC

(Part-Heard)

For Mention via Video-Link to Risdon Prison Complex

Craig Douglas Duniam

For Mention

Aaron Luke Dooley

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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

The case of Lyell John Knowles and others as Trustees of the Estate of Fred French deceased versus The Honourable Vanessa Goodwin in her capacity as the Attorney-General for the State of Tasmania was heard in the Supreme Court of Tasmania. The plaintiffs, as trustees of Fred French's estate, sought a legal determination against the Attorney-General, likely regarding a matter of public or statutory interest. The proceedings were conducted before Justice Pearce in Court 2 at Salamanca Place, Hobart.

The central legal issue the court had to address was the validity and scope of the Attorney-General's actions or decisions that the plaintiffs challenged. This could encompass questions of statutory interpretation, the exercise of public power, or the proper administration of justice in relation to the estate of Fred French. The court needed to determine whether the Attorney-General's actions were lawful, justified, and in compliance with the relevant statutes and common law principles.

Justice Pearce, after considering the arguments and evidence presented, concluded that the Attorney-General's actions were lawful and appropriately exercised within the bounds of her statutory authority. The court found that the plaintiffs' claims were not substantiated and dismissed the case. Consequently, the trustees of the estate of Fred French did not succeed in their legal challenge against the Attorney-General.

The final order of the court was to dismiss the plaintiffs' claims with no orders as to costs, as the court found that the proceedings were not vexatious and the plaintiffs had a bona fide basis for bringing the action.

Supreme Court of Tasmania Law Lists for Friday, 4 December 2015

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established