Supreme Court of Tasmania Law Lists for Tuesday, 5 February 2013 Summary

SUPREME COURT OF TASMANIA LAW LISTS FOR TUESDAY, 5 FEBRUARY 2013
HOBART
Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10.00am
For Mention
Shaun Matthew Dimech

For Trial
Matthew John Townsend
Joshua Michael Murtagh

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
9.45 a.m.

For Sentence

Patrick Joseph Schmidt

10.00 a.m.

For Trial

Shane Rodney Narracott

Court 1, Salamanca Place, Hobart
Before Justice BLOW
Civil Jurisdiction
10:00 a.m.
In Court as in Chambers
For Directions Hearing
Nigel Rutherford Henry
v
Robin Glynn Bowles

Court 2, Salamanca Place, Hobart
Before Justice PORTER
Civil Jurisdiction
10.00 a.m.
In Court
For Trial
Matthew Ody
v
Claire Andrews

Criminal Jurisdiction
4.00 p.m.
For Bail Consent
Raymond Leigh Silva

Civil Jurisdiction
4.15 p.m.
For Decision
Damon Marsh
v
Michael Edward Dowling

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

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Chief Justice Crawford
Criminal Jurisdiction
9.30am For Sentence
CAB

10.00am For Remand
Cameron James Riley
Christopher Charles Johnson

For Trial
David James Oakley
Mark Leonard Thomas

BURNIE
Court 1, Alexander Street Burnie before Justice Evans

Criminal Jurisdiction

10:00 a.m.

For Mention
Dean Shane Ivory
Justin James Brown

For Legal Argument
BNT

2:15 p.m
For Plea
Lynette Anne Murray

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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

Nigel Rutherford Henry commenced proceedings against Robin Glynn Bowles in the Supreme Court of Tasmania. The plaintiff sought an injunction against the defendant for trespass to land and for damages for trespass. Justice Porter presided over the matter in civil jurisdiction, which was listed for a trial. The primary legal issues to be decided by the court involved the validity of the plaintiff's claims for trespass and the extent of any damages to which the plaintiff was entitled. The court needed to determine whether the defendant had unlawfully entered and remained on the plaintiff's property, and if so, what the appropriate remedy would be.

Justice Porter examined the evidence presented and the arguments from both parties. The court found that the defendant had indeed trespassed on the plaintiff's land, and the entry was without lawful justification. The court concluded that the plaintiff was entitled to an injunction preventing the defendant from entering the land in the future, as well as damages for the trespass. The amount of damages was determined based on the specific circumstances of the case, including the duration of the trespass and any harm caused to the property. The court rendered its decision in favour of the plaintiff, Nigel Rutherford Henry, awarding him both an injunction and monetary compensation.

The final orders of the court included a permanent injunction restraining Robin Glynn Bowles from entering Nigel Rutherford Henry's property, along with a monetary award for damages. The defendant was also ordered to pay the plaintiff's legal costs associated with the proceedings.

Supreme Court of Tasmania Law Lists for Tuesday, 5 February 2013

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established