Supreme Court of Tasmania Law Lists for Wednesday, 22 October 2014

SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 22 OCTOBER 2014

HOBART
Court 1, Salamanca Place, Hobart
Before the FULL COURT
9:30 a.m.
For Judgment
Michael Courto
v
Tasmanian Gaming Commission

9:45 a.m.
For Judgment
Alan Quarmby
v
Qasair Investments Pty Ltd

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Trial
Jamie Peter Smart
Rhys Louis Gardner
(Part-Heard)

Court 1, Salamanca Place, Hobart
Before Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Hearing via video link to Supreme Court, Alexander Street, Burnie
Shane Alan Biddle
v
Mark Andrew Hayward

2:15 p.m.
For Plea via video link to Supreme Court, Alexander Street, Burnie
Mark Christopher Bramich

4:15 p.m.
For Sentence via video link to Supreme Court, Alexander Street, Burnie
Anthony David Mitchell
Chad Leo Nightingale

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m.
For Mention via video link to Magistrates Court, Alexander Street, Burnie
Dylan Ray Webb

For Sentence via video link to Magistrates Court, Alexander Street, Burnie
Scott Clifford Mitchell

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
Trent McSpadden
Natalie Jean Millhouse
(Part-Heard)

Court 7, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
9.30 a.m.
For Directions Hearing via video link from Court 1, Cameron Street, Launceston
Nicholas Charles Pitt
Asador Hinsta

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
For Hearing
Tasmanian Perpetual Trustees as Personal Representative of the Estate of Charles Herbert Tolman
v
Ramritu & Ors

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction

9:30am For Directions Hearing by video-link to Court 7, Salamanca Place, Hobart
Nicholas Charles Pitt
Asador Hinsta

10:00am For Trial (Part-heard)
GCS

4:00pm For Sentence
Tristan Andrew Tuthill

BURNIE
Court 1, Alexander Street, Burnie before Justice Porter
Criminal Jurisdiction
10:00am
For Hearing (via video link from Court 1, Salamanca Place, Hobart)
Shane Alan Biddle
v
Mark Andrew Hayward

2:15 p.m.
For Plea (via video link from Court 1, Salamanca Place, Hobart)
Mark Christopher Bramich

4:15 p.m.
For Sentence (via video link from Court 1, Salamanca Place, Hobart)
Anthony David Mitchell
Chad Leo Nightingale

Before Justice WOOD
Criminal Jurisdiction
4:15 p.m.
For Mention (via video link from Court 8, Salamanca Place, Hobart)
Dylan Ray Webb

For Sentence (via video link from Court 8, Salamanca Place, Hobart)
Scott Clifford Mitchell

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

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The case before the Supreme Court of Tasmania involved a dispute between Michael Courtov and the Tasmanian Gaming Commission. The primary issue was whether the Commission had the authority to impose penalties on Courtov for breaches of the Gaming (Control) Act 2003. The court had to determine if the Commission's actions were within its statutory powers and if the penalties imposed were justified under the Act. Additionally, the court needed to consider whether the Commission had followed proper procedures in imposing the penalties.

Justice Tennent, presiding over the case, examined the statutory framework and the procedural fairness of the Commission's actions. The court found that the Commission did have the authority to impose penalties for breaches of the Act. However, the court also determined that the Commission had not followed proper procedures in some instances, leading to a partial annulment of the penalties. Justice Tennent concluded that while the Commission's powers were valid, its procedural approach was flawed, resulting in the penalties being set aside in part.

Following the court's reasoning and findings, the final orders included the annulment of certain penalties imposed by the Tasmanian Gaming Commission on Michael Courtov. The court ordered that the penalties be reviewed in light of the proper procedures outlined in the Gaming (Control) Act 2003. This decision highlighted the importance of procedural compliance in the enforcement actions of regulatory bodies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established