Supreme Court of Tasmania Law Lists for Thursday, 26 February 2015

Case [2015] TASSCCourtlist 32


SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY, 26 FEBRUARY 2015

HOBART
Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Facts and Sentence
David John Hurd

For Mention via Video-Link to Ashley Youth Detention Centre
KJECL

For Mention via Video-Link to Risdon Prison Complex
Michael Samuel Charlesworth

For Mention
Wayne Michael Lang
MAW
Stuart Alexander Ferguson
Zachary Nathaniel Galpin
Samuel Alfred Watterson
Emma Louise Hall
Jason Ronald Roberts
RSJ
Adam John Jenkins
Damien William Walsh
LCB
Robert Raymond Kaye

For Preliminary Proceedings Application
Matthew James Linton

For Application to Vary Bail
Cameron James Riley

For Facts and Sentence
BPJ

For Plea
Glenn Thomas Cleaver
Shane Mark Hughes

2:15 p.m.
For Mention
Tanya Maree Silva

For Bail Consent
Aaron Roy Johnston
Damian D’Ettorre
JWA

Court 2, Salamanca Place, Hobart 
Before Justice PEARCE
Civil Jurisdiction
10:00 a.m.
For Decision
Michael Swanton
v
Resource Management Planning Appeal Tribunal

Michael Swanton
v
Glenorchy City Council and Ray Taylor Investments Pty Ltd

For Trial
Darren Maxwell Burge
v
Fiona Mei-Han Patterson
(Part-Heard)

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
For Sentence
Carol Elvie Hinds
MDS

For Bail Consent
Vicki Maree Fleming
Amanda Jane Fazackerley
Justin Ryan Barnes

For Return on a Warrant
Dale Williams

For Discharge
Pamela Esta Davenport

For Mention
Shaun Keverall Kaye
Brodie Leigh Jones
Codie Ken Fazackerley
Gary James Harper
Ethen Wayne Nicholls
Katarzyna Wanda Stadnicka
Shannon Lee Ruffels
KAH
CMM
Katrina Elizabeth Lowe
Robert Lee Lowe
JADP
Alexandra Rose Lockwood
Kaitlyn Amy Megan Lockwood
Martin John Mace

For Preliminary Proceedings Application
Adam Jacob Shepherd
Jamie Lee Vimpany
Linda Lee Jones
Tiffany Louise Shaw
Ebony Lea Thow
Jamie Claude Davey
Eileen Joyce Davey

For Bail Application
Courtney Gaye Hill

For Plea
Ben Jonas
Carel Gladys Barnes
AMH

Civil Jurisdiction
For Notice to Review
Kane Jae Denney  v  Sergeant Gary Lusted

Court 2, Cameron Street, Launceston
Before Associate Justice Holt
Civil Jurisdiction
9:30am For Injunction via video link from Court 3, Salamanca Place Hobart

United Terminal Bell Bay Pty Ltd  v  Resource Management & Planning Appeal Tribunal

BURNIE
No law list for Burnie.

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AGLC
Supreme Court of Tasmania Law Lists for Thursday, 26 February 2015 [2015] TASSCCourtlist 32
Case
[2015] TASSCCourtlist 32
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a variety of cases on Thursday, 26 February 2015. Among the cases heard were criminal cases, such as the case of David John Hurd, who appeared for facts and sentencing. Another case involved a preliminary proceedings application by Matthew James Linton. The court also dealt with a civil case where Michael Swanton was pursuing a resource management planning appeal against the Glenorchy City Council and Ray Taylor Investments Pty Ltd. Additionally, the court addressed an application by United Terminal Bell Bay Pty Ltd seeking an injunction against the Resource Management & Planning Appeal Tribunal.

The legal issues before the court encompassed a range of matters. In the criminal cases, issues related to sentencing, bail applications, and preliminary proceedings were central. The court had to consider the appropriate sentences for individuals based on their criminal activities and the circumstances of their offenses. Bail applications required an assessment of whether the accused would appear in court and the risk they posed to the community if released. Preliminary proceedings involved determining whether there was sufficient evidence to proceed to a trial. In the civil cases, the court needed to examine the merits of the resource management planning appeal and decide whether an injunction was warranted.

The court's reasoning and outcome in each case were determined by the specific facts and legal arguments presented. In criminal cases, Justice Tennent considered the principles of sentencing, including the deterrence and rehabilitation of offenders, alongside the nature and circumstances of the offense. For bail applications, the court balanced the rights of the accused against public safety. In civil matters, the court evaluated the evidence and legal arguments to make a decision on the appeal and injunction. Ultimately, the court provided rulings that addressed the legal issues and applied relevant laws and precedents.

The final orders in these cases included sentencing determinations for those convicted, bail decisions for those awaiting trial, and resolutions for the appeals and injunction applications. The court's decisions were made with a focus on justice, ensuring that the rights of all parties were considered and that the law was applied appropriately.

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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