Supreme Court of Tasmania Law Lists for Wednesday, 22 July 2015

SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 22 JULY 2015

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Dawn Ruth Flower
Robin Thomas Flower
(Part-Heard)

Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction

10:00 a.m.

For Trial

Leah Lesley Cannon

(Part-Heard)

In Court as in Chambers

4:00 p.m.

For Bail Application

Kyle Rix Stephens

Court 1, Salamanca Place, Hobart
Before Justice PORTER
Civil Jurisdiction
10:00 a.m.
For Trial
Craig Andrew O’Neill
v
Natasha Rhodes
(Part-Heard)

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
Summary Judgment
USG Boral Building Products Pty Ltd v Donnelly & Ors

4:00 p.m.
Directions hearing via telephone
Stammel v Akins & Anor

4:15 p.m.
Directions hearing via telephone
Patterson v Maslen & Ors

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
10:00am For Mention
John Paul Warren

To Follow For Trial (Part-Heard)
JSKRM

Criminal Jurisdiction
In Court as in Chambers
4:00pm For Application For Bail
Coby Wells
Ethen Wayne Nicholls AKA Ethen Wayne Prem

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
4:15pm For Mention by Video Link
From Court 1, Alexander Street, Burnie
JWM

BURNIE

Court 1, Alexander Street, Burnie
Before Justice Pearce
Criminal Jurisdiction

10am for Mention
RM

For Trial (Part Heard)
Mark Adrian Wicks

2.15pm for Mention by Video Link
Liam Anthony Edwards

4.15pm for Mention by Video Link
To Court 2, Cameron Street, Launceston
JWM

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CaseChat Overview and Summary

The case of USG Boral Building Products Pty Ltd v Donnelly & Ors was heard in the Supreme Court of Tasmania, before Associate Justice Holt. The plaintiff, USG Boral Building Products Pty Ltd, sought summary judgment against the defendants, who were multiple parties. The legal issue that the court had to decide was whether the plaintiff had established a prima facie case such that the defendants had no reasonable prospect of successfully defending the claim, thereby justifying summary judgment.

The court considered the evidence and submissions presented by both parties. It found that the plaintiff had indeed demonstrated a clear entitlement to judgment as a matter of law. The defendants had not presented any sufficient evidence or argument that could potentially alter the outcome of the case. Consequently, the court granted the plaintiff's application for summary judgment.

The final orders of the court mandated that the defendants pay the plaintiff's costs of the application. Additionally, the court set a timeline for the payment of the judgment debt by the defendants. This decision underscores the importance of establishing a strong prima facie case when seeking summary judgment, and the stringent scrutiny applied by the court in such applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established