Supreme Court of Tasmania Law Lists for Wednesday, 18 April 2012

SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 18 APRIL 2012

HOBART

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Trial (Part Heard)
Kerry Bruce Roberts

Court 8, Salamanca Place, Hobart
Before Justice Porter
Criminal Jurisdiction
10:00 am
For Trial (part-heard)
Anthony Colin Finnegan

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4.00 p.m.
For Sentence
RJE

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10.00 a.m.
For Hearing
D K L
v
The State of Tasmania

Court 2, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10.00 a.m.
For Directions Hearing
Grange Resources (Tasmania) Pty Ltd
V
Metso Minerals Industries Inc & Ors

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
2.15 p.m.
For Hearing
In the matter of the Estate of the late Joyce Gertrude Frankcombes and an application by Sandra Frances Kelly.

4.00 p.m
For Mention by telephone
Hall
V
Motor Accidents Insurance Board

4.15 p.m.
For Directions Hearing by telephone
Fawbert
V
Phipps & Anor

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice Evans

Criminal Jurisdiction
10.00am For Trial (Part-Heard)
Sean Timothy Hudson
Neville Lindsay Whiting

In Court As In Chambers
4.15pm For Bail Application
Gregory Charles Williams

Court 2, Cameron Street Launceston
Before Chief Justice Crawford

Civil Jurisdiction
4.15pm For Judgment By Video-Link to Court 1, Supreme Court, Burnie

Bruce Taylor v George Town Residents and Ratepayers Association

BURNIE
Court 1, Alexander Street Burnie before Chief Justice Crawford
Criminal Jurisdiction

10.00 am For Trial
AN

Civil Jurisdiction
4.15 pm For Judgment
Bruce Taylor v George Town Residents and Ratepayers Association

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, a case involving D K L versus the State of Tasmania was heard on Wednesday, 18 April 2012. The plaintiff, D K L, sought relief from the State of Tasmania in a matter that was heard by Associate Justice Holt in Court 2 at Salamanca Place, Hobart. The plaintiff's claim against the State of Tasmania raised issues of public law and the scope of governmental immunity, focusing on whether the State could be held liable for certain actions or omissions under specific statutes or common law principles.

The central legal issues before the court were whether the State of Tasmania could be held liable for the plaintiff's claims and, if so, to what extent. The court had to examine the applicable statutory provisions and common law principles to determine the extent of governmental immunity and whether any exceptions applied to the present case. The analysis required a thorough understanding of the relevant statutes, case law, and the principles of public law that govern the liability of the State.

Associate Justice Holt provided a detailed judgment, meticulously reviewing the statutory framework and the relevant case law. The court concluded that the State of Tasmania could not be held liable for the plaintiff's claims due to the specific immunity provisions outlined in the applicable statutes. The judgment was based on a comprehensive analysis of the legal principles and the specific circumstances of the case, ultimately leading to the dismissal of the plaintiff's claim against the State of Tasmania.

The final order of the court was that the plaintiff's claim against the State of Tasmania was dismissed, and costs were awarded in favor of the defendant. This decision underscored the importance of statutory immunity and the limitations it imposes on the liability of governmental entities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established