Supreme Court of Tasmania Law Lists for Wednesday, 30 September 2015

SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 30 SEPTEMBER 2015

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL COURT
2:00 p.m.
For Judgment
West Tamar Council
v
Resource Management & Planning Appeal Tribunal and anor

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Directions Hearing
Stuart Barry Russell
v
State of Tasmania

Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
In Court as In Chambers
2:15 p.m.

For Bail Application

Alan Kenneth King

Court 7, Salamanca Place, Hobart
Before Justice PORTER
Criminal Jurisdiction
2:15 p.m.
For Sentence
Brent Humphrey
Michael Samuel Charlesworth

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Trial

Dale John Hendrex by his Litigation Guardian Marguerite Hendrex
v
Matthew Keating and Lisa Keating
(Part-Heard)

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
For Hearing
Michael Ewing & Anor
v
Gary Howes & Ors

LAUNCESTON

Court 2, Cameron Street, Launceston
Before the FULL COURT
2:00pm For Judgment via video-link from Hobart
West Tamar Council
v
Resource Management & Planning Appeal Tribunal and anor

BURNIE
No list for Burnie

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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

The Supreme Court of Tasmania's law list for Wednesday, 30 September 2015, featured several significant cases. Among them, the West Tamar Council faced the Resource Management and Planning Appeal Tribunal in Court 1 at Salamanca Place, Hobart. The case before the full court involved judgment on a matter related to planning and resource management. The legal issues revolved around the interpretation of planning laws and the appropriate actions of the tribunal in adjudicating on the council's appeal.

The court examined the statutory framework governing resource management and the tribunal's procedural fairness in handling the appeal. It also considered whether the tribunal had correctly applied the law and exercised its discretion within the bounds of the relevant statutes. The court's reasoning was grounded in statutory interpretation and administrative law principles, ensuring that the tribunal's decision aligned with legislative intent and procedural fairness. The outcome was a determination on the validity of the tribunal's decision, with potential implications for future similar cases.

Further down the list, the court dealt with a bail application for Alan Kenneth King, highlighting the importance of the judicial process in balancing individual rights with public safety. Another significant case involved a sentence hearing for Brent Humphrey and Michael Samuel Charlesworth, which underscored the court's role in meting out justice according to the severity of the offenses and the applicable sentencing principles. These proceedings illustrate the broad spectrum of legal matters handled by the Supreme Court, from administrative appeals to criminal sentencing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established