Supreme Court of Tasmania Law Lists for Thursday, 30 July 2015amended

SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY, 30 JULY 2015

AMENDED LIST FOR HOBART

HOBART
Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing
SJB

For Mention
James Ernest Davey
Aaron Henderson Gray

For Bail Application
KJL

For Preliminary Proceedings Application
David Luke Pearson

For Plea
Mark Giovanof
Shayden James Cowen

Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.

For Sentence

Steven John Brear

For Mention

JSWR

Court 1, Salamanca Place, Hobart
Before Justice PORTER
Civil Jurisdiction
In Court
9:45 a.m.
For Admission to the Legal Profession
Laura Ann McIlhenny

10:00 a.m.
For Application as to Costs
Gail Burnett
v
Anthony Fitzgerald and Roland Browne

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice ESTCOURT
Criminal Jurisdiction
10:00am For Facts and Sentence
Steven John Barr

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

10am for Trial (Part-Heard)
Mark Raymond Roland

4.15pm for Sentence
Mark Adrian Wicks

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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

In the Supreme Court of Tasmania, Gail Burnett brought an application against Anthony Fitzgerald and Roland Browne concerning costs. The matter was heard in Court 1 in Hobart before Justice Porter. The dispute centered on the costs incurred during the legal proceedings between the parties. Gail Burnett sought an order for the costs to be paid by the defendants, arguing that they were liable for the expenses incurred during the litigation. The defendants, Fitzgerald and Browne, contested the claim, asserting that they were not responsible for the full extent of the costs as claimed by Burnett.

The primary legal issue before the court was whether the defendants were liable for the full amount of costs claimed by Burnett. This involved examining the basis on which the costs were incurred, the reasonableness of the costs, and whether there were any circumstances that might reduce or eliminate the defendants' liability for the costs. The court had to consider the applicable legal principles governing costs in civil litigation, including the usual practice in the Supreme Court of Tasmania regarding the allocation of costs between parties.

Justice Porter, after reviewing the evidence and submissions from both parties, concluded that the defendants were liable for the costs claimed by Burnett. The court found that the costs were reasonable and necessary, and that there were no mitigating circumstances that would reduce the defendants' liability. Consequently, the court made an order that Fitzgerald and Browne were to pay the costs claimed by Burnett. The final orders of the court were that the defendants were to pay the costs as claimed within a specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established