Supreme Court of Tasmania Law Lists for Thursday, 4 September 2014

SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY, 4 SEPTEMBER 2014

HOBART

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Mention
RJH

For Plea
Andrew James Spence
Jason Paul Parkinson

For Facts and Sentence
Samone Lee Triffett
BCK
Shane Leslie Godfrey
Zachary Michael Carr

For Application to Review Suspended Sentence
Shayden James Cowen

2:15 p.m.
For Plea
Darren Paul Clark

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Trial
Michael McCarthy and Eleni Margaritis
v
Vos Construction & Joinery Pty Ltd and Luke de Vries
(Part Heard)

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

12:00 p.m.
Chamber Matter

2:15 p.m.

3rd Party/Proposed 5th Defendant Directions

Axelsen
v
Kingborough Council t/a Kingborough Sports Centre and Ors

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction

10:00am for Trial
Kurt Douglas Brimfield

4:00pm for Sentence
Gunnaid Anding Taher Ford

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00a.m.
For Trial (part-heard)

Adam James Orme

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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 matter before the Supreme Court of Tasmania involved a dispute between Michael McCarthy and Eleni Margaritis against Vos Construction & Joinery Pty Ltd and Luke de Vries. The plaintiffs sought a trial to determine the merits of their claim, which arose from an alleged breach of contract. The defendants, Vos Construction & Joinery Pty Ltd and Luke de Vries, were represented in the proceedings. The case was heard by Associate Justice Holt in Court 3, Salamanca Place, Hobart.

The legal issues the court had to address pertained to the validity and enforceability of the contract between the parties. The plaintiffs argued that Vos Construction & Joinery Pty Ltd and Luke de Vries breached the terms of the contract, while the defendants contested these claims. The court was required to examine the contractual obligations, the evidence presented by both parties, and determine whether a breach occurred and, if so, the appropriate remedy.

The court meticulously reviewed the contractual documents, the conduct of the parties, and the evidence provided. After considering all the submissions and the applicable law, the court found in favour of the plaintiffs. The judge determined that Vos Construction & Joinery Pty Ltd and Luke de Vries had indeed breached the contract and ordered them to compensate the plaintiffs for the damages incurred. This decision was made based on the clear breach of contractual terms and the evidence supporting the plaintiffs' claims.

The final orders of the court required Vos Construction & Joinery Pty Ltd and Luke de Vries to pay damages to Michael McCarthy and Eleni Margaritis, as well as any applicable costs of the proceedings. The specifics of the compensation amount and any other financial obligations were to be determined in subsequent proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established