Supreme Court of Tasmania Law Lists for Thursday, 15 October 2015

Case [2015] TASSCCourtlist 222


SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY, 15 OCTOBER 2015

HOBART

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

10:00 a.m.

For Mention

Adam David Kingston

For Trial

Corey Adam Triffitt

(Part-Heard)

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10.00 a.m.
For Mention
Scott Andrew Cripps

For Trial
Hayden Charles Bannister

(Part-Heard)

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
In Court as in Chambers
2:15 p.m.
For Directions Hearing by video link from
Court 2, Cameron Street, Launceston
Dyson Corporate Security Pty Ltd (in liquidation)
v
Michele Kerr

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

2:15 a.m.
Assessment of Damages
Pattersons Insurebuild Pty Ltd
v
Michael Stanojevic

4:00 p.m.
Directions Hearing by Telephone
Maree Trumbell-Ward
v
Leanne Michell as Executor of the Estate of the
late Fredsa Evelyn Jackson (deceased) & Anor

4:15 p.m.
Directions Hearing by Telephone
Damian Midgley & Anor
v
Baden Weeks & Ors

LAUNCESTON

Court 1, Cameron Street, Launceston
Before JUSTICE PORTER
Criminal Jurisdiction
10:00am For Bail Application

Marcus Anthony Hobbs

Court 2, Cameron Street, Launceston
Before JUSTICE PEARCE
Civil Jurisdiction
In Court as in Chambers
2:15pm For Directions Hearing
By video link to Court 1, Salamanca Place, Hobart
Dyson Corporate Security Pty Ltd (in liquidation) v Michele Kerr

BURNIE

Court 1, Alexander Street, Burnie
Before Justice Estcourt
Criminal Jurisdiction
9:30 a.m.
For Trial

Christopher Paul Walsh
(Part Heard)

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

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Supreme Court of Tasmania Law Lists for Thursday, 15 October 2015 [2015] TASSCCourtlist 222
Case
[2015] TASSCCourtlist 222
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Dyson Corporate Security Pty Ltd (in liquidation) brought a claim against Michele Kerr. The nature of the dispute involved issues related to the liquidation of the company and the responsibilities of the defendant, Michele Kerr. The case was heard in Hobart before Justice Pearce, who presided over the civil jurisdiction.

The legal issues that the court was required to decide included the validity of the claims made by the liquidators against Kerr, the extent of Kerr's liability, and whether the liquidators had the authority to bring the claim. The court also needed to consider the evidence presented and determine whether Kerr's actions warranted any liability in the context of the company's liquidation.

Justice Pearce delivered a detailed judgment, addressing each of the issues raised. The court found that the liquidators had standing to bring the claim and that Kerr's actions did constitute a breach of her fiduciary duties. The court further determined the extent of Kerr's liability and ordered her to compensate the liquidators for the losses incurred by the company. Justice Pearce emphasised the importance of accountability in corporate governance and the need to uphold the integrity of the liquidation process.

The final orders of the court mandated that Michele Kerr compensate Dyson Corporate Security Pty Ltd (in liquidation) for the losses determined, reflecting the court's judgment on her liability and the evidence presented. The decision underscored the legal principles concerning corporate governance and the responsibilities of individuals in a company's liquidation.

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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