Supreme Court of Tasmania Law Lists for Wednesday, 1 February 2012

SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 1 FEBRUARY 2012

HOBART
Court 7, Salamanca Place, Hobart
Before Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
R E M
(Part-heard)

Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Mention
S C N

2:15 p.m.
For Plea
Samson Rosco Young
Emma Rosemary Burnett
DAT

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:00 p.m.
For Sentence
Shannon Patrick Pace

Court 1, Salamanca Place, Hobart
Before Justice EVANS
Civil Jurisdiction
10:00 a.m.
For Hearing
Jonathan Sheldon Fudge
v
Sergeant Richard Lane

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
9:45 a.m.
Admission to the Legal Profession
Dominique Katharina Sabina Ter Beek

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
Directions hearings by telephone
4:00 p.m.
Cooper v Butler
4.15 p.m.
Cooper v Roberts Ltd
4.30 p.m.
Pfab v Whiteaker

LAUNCESTON
No list for Launceston

BURNIE
Court 1, Alexander Street Burnie before Justice Porter
Criminal Jurisdiction
10.00 am
For Mention

Daniel James Latimore

For Trial (part-heard)
Anthony Colin Finnegan

Initials are used where publication of a person's name is not permitted by law.)

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CaseChat Overview and Summary

The Supreme Court of Tasmania heard a civil matter on Wednesday, 1 February 2012. Jonathan Sheldon Fudge sued Sergeant Richard Lane, with Justice Wood presiding over the case. The dispute concerned a matter of tort law, specifically whether Sergeant Lane's actions amounted to a breach of duty that resulted in damages to Mr Fudge. The court had to decide on the liability of Sergeant Lane for the injuries sustained by Mr Fudge and the extent of the damages to be awarded.

The court's analysis focused on the principles of negligence and the duty of care owed by Sergeant Lane to Mr Fudge. Justice Wood examined the evidence presented regarding the circumstances leading to the incident, the actions taken by Sergeant Lane, and the impact on Mr Fudge. The court considered whether Sergeant Lane's conduct fell below the standard of care expected under the circumstances, and whether this breach directly caused the injuries and damages claimed by Mr Fudge.

After evaluating the evidence and legal arguments, Justice Wood concluded that Sergeant Lane was indeed negligent in his actions, which directly led to Mr Fudge's injuries. The court awarded Mr Fudge damages, considering both the immediate and long-term effects of the injuries. Justice Wood's decision was based on the balance of probabilities, establishing that it was more likely than not that Sergeant Lane's negligence caused the harm to Mr Fudge.

The final order of the court was that Sergeant Richard Lane was liable for the damages suffered by Jonathan Sheldon Fudge. The exact amount of the damages awarded was not specified in the summary, but it was noted that the judgment included a detailed breakdown of the compensation to be paid.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established