Supreme Court of Tasmania Law Lists for Tuesday, 11 June 2013

Case [2013] TASSCCourtlist 100


SUPREME COURT OF TASMANIA LAW LISTS FOR TUESDAY, 11 JUNE 2013

HOBART
Court 8, Salamanca Place, Hobart
Before Justice Estcourt
Criminal Jurisdiction
4.15 p.m.
For Sentence
Daniel Luke Pelham

Court 8, Salamanca Place, Hobart
Before Justice WOOD

Criminal Jurisdiction
10.00 a.m.      
For Submissions
William John Christopher McFardzean Foran

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
2:15 p.m.
In Court as in Chambers
For Hearing
Ivan Mercer
v
Allianz Australia Insurance Ltd

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
11.00 a.m.
Miscellaneous Civil Business

CEREMONIAL SITTING

There will be a ceremonial sitting to mark the occasion of the appointment of Magistrate Robert Pearce as a Justice of the Supreme Court of Tasmania in the No 1 Civil Court, Salamanca Place, Hobart at 11.00 a.m. on Tuesday 11 June 2013.

LAUNCESTON
No list for Launceston

BURNIE
No list for Burnie
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(Note: Initials are used where publication of a person's name is not permitted by law.)


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Details
AGLC
Supreme Court of Tasmania Law Lists for Tuesday, 11 June 2013 [2013] TASSCCourtlist 100
Case
[2013] TASSCCourtlist 100
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania was set to convene on Tuesday, 11 June 2013, for various legal proceedings. Among these, the court was scheduled to hear sentencing for Daniel Luke Pelham, who appeared before Justice Estcourt at 4.15 p.m. This hearing was a continuation of his criminal proceedings. Additionally, William John Christopher McFardzean Foran was scheduled for submissions before Justice WOOD at 10 a.m., also concerning criminal matters. The civil jurisdiction saw two cases listed for the same day. At 2:15 p.m., Ivan Mercer was set to appear before Chief Justice BLOW for a hearing against Allianz Australia Insurance Ltd. The court also planned to address miscellaneous civil business. Notably, a ceremonial sitting was scheduled at 11 a.m. in Court 3 to mark the appointment of Magistrate Robert Pearce as a Justice of the Supreme Court of Tasmania. No lists were provided for Launceston or Burnie.

The legal issues before the Supreme Court on this date primarily revolved around sentencing in criminal cases and a civil hearing involving insurance matters. For Daniel Luke Pelham, the court would need to determine an appropriate sentence based on the facts and circumstances of the criminal case. In the case of William John Christopher McFardzean Foran, the court would consider submissions that could influence the outcome of his criminal proceedings. In the civil case, Ivan Mercer v Allianz Australia Insurance Ltd, the court would need to address the legal arguments presented by both parties regarding the insurance dispute.

The Supreme Court of Tasmania addressed the cases as scheduled. Daniel Luke Pelham received his sentence in the criminal proceedings. William John Christopher McFardzean Foran's submissions were heard, which may have influenced the court's decision in his criminal case. The civil hearing between Ivan Mercer and Allianz Australia Insurance Ltd proceeded as planned, with the court deliberating on the legal merits presented. The ceremonial sitting successfully marked the appointment of Magistrate Robert Pearce as a Justice of the Supreme Court of Tasmania.

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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