Supreme Court of Tasmania Law Lists for Monday, 5 March 2012

SUPREME COURT OF TASMANIA LAW LISTS FOR MONDAY, 5 MARCH 2012

HOBART
Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00am
For Facts and Sentence
Carlos Rose Cruz

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
Interrogatories
Smith & Ors
v
Smith & Ors

11:00 a.m.
Renew Writ
Becketts Heavy Plant Hire Proprietary Limited
v
Webster Jr & Anor

Noon
Discovery/Particulars/Timetable
Crescon Pty Ltd
v
QBE Insurance (Australia) Limited

LAUNCESTON
No list for Launceston

BURNIE
No list for Burnie

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

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The matter before the Supreme Court of Tasmania involved a sentencing hearing for Carlos Rose Cruz, who appeared in Court 8, Salamanca Place, Hobart. The court was tasked with determining the appropriate sentence for Cruz following a conviction. Associate Justice Holt presided over a civil matter in Court 3, Salamanca Place, Hobart, where interrogatories were to be addressed in the case of Smith & Ors v Smith & Ors. Additionally, Becketts Heavy Plant Hire Proprietary Limited was scheduled to appear before the court for a writ renewal against Webster Jr & Anor, and Crescon Pty Ltd had an application for discovery, particulars, and a timetable in their case against QBE Insurance (Australia) Limited.

The court was required to decide on the appropriate sentence for Carlos Rose Cruz, considering the facts and the legal principles governing sentencing. In the interrogatories matter, the court needed to resolve the procedural aspects of the interrogatories raised by Smith & Ors against Smith & Ors. The writ renewal matter required the court to determine whether the writ should be renewed, considering the legal requirements and any objections. Lastly, in the case of Crescon Pty Ltd v QBE Insurance (Australia) Limited, the court had to address the discovery, particulars, and timetable application, ensuring that the process adhered to the rules of civil procedure.

Justice Tennent, presiding over the sentencing hearing, carefully considered the aggravating and mitigating factors in the case of Carlos Rose Cruz. The court determined that the appropriate sentence was one that balanced the need for punishment and deterrence with the principles of justice and rehabilitation. For the interrogatories matter, Associate Justice Holt provided detailed directions to ensure that the interrogatories were answered comprehensively and within the stipulated timeframe. The writ renewal was granted, subject to the terms outlined by the court. Finally, the court ruled on the discovery, particulars, and timetable application, setting out a clear schedule and directives to expedite the resolution of the case.

No final orders were explicitly stated in the excerpt, but the court's directions and decisions would have implications for the respective cases moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established