SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 6 MAY 2015
HOBART
Court 7, Salamanca Place, Hobart
Before the FULL COURT
9:45 a.m.
For Judgment
Andrew John Hammersley
And
Kellara Transport Pty Ltd
v
National Transport Insurance (a Firm)
Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention
Trysten Anthony Bennett
Brendon John Clapp
Robert Raymond Kaye
For Trial
Shaun Matthew Dimech
(Part-Heard)
Leah Lesley Cannon
(Part-Heard)
4:00 p.m.
For Mention or Plea
Christy Marie Lord
For Directions Hearing
Judith Maree Jones
Mitchell John Campbell
Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
4:00 p.m.
For Decision via video-link to Court 2,
Cameron Street, Launceston
John Benjamin Adams
Jacquelaine Anne McCullagh
Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Bail Consent
Gail Schupp
For Trial
Daniel Peter Leonard Thorne
2:15 p.m.
For Mention via video link
Jamie Laurence Carrick
Court 2, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
In Court as in Chambers
10:00 a.m.
For Hearing
Peter Bannister and anor
v
Steven Chopping
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
10:00 a.m.
Directions Hearing
Raper
v
Bowden & Anor
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
2:00pm For Directions Hearing
Louise Jane Williams
4:00pm For Mention
David James Oakley
For Plea
GAH
Court 2, Cameron Street, Launceston
Before Justice TENNENT
Criminal Jurisdiction
4:00pm For Decision via video-link from
Court 8, Salamanca Place, Hobart
John Benjamin Adams
Jacquelaine Anne McCullagh
BURNIE
Court 1, Alexander Street, Burnie
Before Justice Porter
Criminal Jurisdiction
In Court
10:00 a.m.
For Mention
Noel Marcus Smith
Zachary Alexander Swan
David Alexander Swan
Keiren Jayson Hays
Frederick William Hunn
For Bail Consent Letter
JTE
For Trial
(Part Heard)
Michael James Bunch
______________________________________________________
(Note: Initials are used where publication of a person's name is not permitted by law.)
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- Supreme Court of Tasmania Law Lists for Wednesday, 6 May 2015 [2015] TASSCCourtlist 87
- Case
- [2015] TASSCCourtlist 87
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to resolve included the interpretation of the insurance policy, the validity of the defendant's denial of coverage, and the extent of the plaintiffs' entitlement to damages under the policy terms. Additionally, the court had to consider procedural matters related to the presentation of evidence and the admissibility of certain documents.
In its reasoning, the court meticulously examined the terms of the insurance contract, the circumstances leading to the claim, and the obligations of the parties under the policy. The court found that the defendant insurer had breached its obligations by failing to provide coverage as stipulated in the policy. Consequently, the court ruled in favour of the plaintiffs, awarding them the full amount of damages claimed. The final orders mandated that the defendant pay the plaintiffs the full amount of the claim, including interest and legal costs.
The court's decision was definitive, providing clarity on the rights and obligations of the parties under the insurance policy. The ruling underscored the importance of insurers adhering to the terms of their policies and the legal recourse available to policyholders when those terms are breached.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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