NOVEMBER 2011 The Authorised Reports of the Decisions of the Supreme Court of Tasmania THE TASMANIAN REPORTS 2008-2009 EDITOR CHRIS GUNSON Barrister-at-Law REPORTERS CHRIS GUNSON DR REBECCA BRADFIELD VOL 18 PART 3 PAGES 240-363 PUBLISHED FOR THE COUNCIL OF LAW REPORTING OF TASMANIA BY THOMSON REUTERS (PROFESSIONAL) AUSTRALIA LTD.
The mode of citation of this part will be: 18 Tas R TABLE OF CASES REPORTED Part 3 Pages 240-363 Acheson v Hibble... 83 Bowden v Break O Day Council... 127 Break O Day Council; Bowden v... 127 Budd; Hobart City Council v... 251 Business Expansion Capital Pty Ltd; Powell v... 1 Drewitt v Resource Management and Planning Appeal Tribunal (No 2)... 115 Geale v State of Tasmania... 338 Grunseth v Resource Planning and Development Commission... 43 Hibble; Acheson v... 83 Hobart City Council v Budd... 251 Howlin v Resource Management and Planning Appeal Tribunal... 323 Johnston; Tasmania v... 195 Keating; Quarmby v... 284 Latrobe Council v Williams... 138 Latrobe Football Club Inc v Williams... 138 Lincolne v Williams... 76 Mann v Tasmania... 21 Marlow v Walsh... 153 Moyle; Tasmania v... 190 Nine Eleven Tasmania Pty Ltd; Strata Corporation No 117066 The Gasworks, 2 Macquarie Street, Hobart v... 240 (Cases in bold reported in this part) Lawbook Co. 2011 Thomson Reuters (Professional) Australia Limited ABN 64 058 914 668 Published in Sydney ISSN 0085-7106
TABLE OF CASES REPORTED Powell v Business Expansion Capital Pty Ltd... 1 Quarmby v Keating... 284 Resource Management and Planning Appeal Tribunal (No 2); Drewitt v... 115 Resource Management and Planning Appeal Tribunal; Howlin v... 323 Resource Planning and Development Commission; Grunseth v... 43 S, A Medical Practitioner, Re... 269 Stojakovic; Tasmania v... 96 Strata Corporation No 117066 The Gasworks, 2 Macquarie Street, Hobart v Nine Eleven Tasmania Pty Ltd... 240 Tasmania v Johnston... 195 Tasmania v Moyle... 190 Tasmania v Stojakovic... 96 Tasmania, State of ; Tusyn v (No 2)... 313 Tasmania, State of; Geale v... 338 Tasmania; Mann v... 21 Tusyn v State of Tasmania (No 2)... 313 Walsh; Marlow v... 153 Williams; Latrobe Council v... 138 Williams; Latrobe Football Club Inc v... 138 Williams; Lincolne v... 76 (Cases in bold reported in this part)
INDEX Part 3 Pages 240-363 CONTRACTS General contractual principles Construction and interpretation of contracts Other matters Avoidance of commercial inconvenience Commercial lease agreement Landlord entitled to require reinstatement of premises to original condition Timing of reinstatement. Strata Corporation No 117066 The Gasworks, 2 Macquarie Street, Hobart and Another v Nine Eleven Tasmania Pty Ltd... 240 CONVEYANCING Land titles under the Torrens system Indefeasibility of title: certificate as evidence Exceptions Adverse possession of others After certificate Tasmania History of the law of obtaining title by adverse possession. Land titles under the Torrens system Indefeasibility of title: certificate as evidence Exceptions Adverse possession of others After certificate Tasmania Requirement for possessor to have possession for 12 years, excluding any period during which rates are paid by the owner. CRIMINAL LAW Jurisdiction, practice and procedure Judgment and punishment Sentence Concurrent, cumulative and additional sentences, sentences on escape and commencement of sentence Date of commencement Pre-sentence custody period unrelated to offences for which sentenced Power to back-date Sentencing Act 1997 (Tas), s 16. Geale v State of Tasmania... 338 DAMAGES General principles Other matters Damages assessed once and for all Immediate physical injuries and delayed psychiatric injury. Tusyn v State of Tasmania (No 2)... 313
ENVIRONMENT AND PLANNING INDEX Environmental planning Courts and tribunals with environment jurisdiction Tasmania Resource Management and Planning Appeal Tribunal and its predecessors Powers and duties on appeal Power to set aside decision and remit for reconsideration in accordance with any directions or recommendation Whether directions or recommendation must be given Resource Management and Planning Appeal Tribunal Act 1993 (Tas), s 23(2)(c)(ii). Howlin and Another v Resource Management and Planning Appeal Tribunal... 323 Environmental planning Planning schemes and instruments Tasmania Amendments to planning schemes Requirement that part of a draft planning scheme be done again Impact on decision-making of planning authority as to application for planning permit Land Use Planning and Approvals Act 1993 (Tas), ss 28(1), (5), 51(3)(b). Howlin and Another v Resource Management and Planning Appeal Tribunal... 323 Pollution Waste disposal Offences Defences Defences afforded by statute Reasonable and practicable measures of prevention Environmental Management and Pollution Control Act 1994 (Tas), ss 51A(2), 55. Hobart City Council v Budd... 251 LIMITATION OF ACTIONS Land Adverse possession What amounts to Adverse possession does not run during any period when rates are paid by the owner Land Titles Act 1980 (Tas), ss 138T, 138U, 138V, 138W Limitation Act 1974 (Tas), ss 10(2), 21. Land The running of time Matters affecting Adverse possession does not run during any period when rates are paid by the owner Land Titles Act 1980 (Tas), ss 138T, 138U, 138V, 138W Limitation Act 1974 (Tas), ss 10(2), 21. PROFESSIONS AND TRADES Health care professionals Medical practitioners Disciplinary proceedings Professional misconduct and unprofessional conduct Departure from accepted standards No consent by patient and no inquiry by medical practitioner. Re S, A Medical Practitioner... 269 STATUTES Acts of Parliament Interpretation Acts and clauses Tasmania Reference in a statute to repealed by re-enacted provisions in the same statute Acts Interpretation Act 1931 (Tas), ss 13(5), (6), 17 Land Titles Act 1980 (Tas), ss 40(3)(h), 138W.
WORDS AND PHRASES INDEX Reasonable and practicable Environmental Management and Pollution Control Act 1994 (Tas), s 55. Hobart City Council v Budd... 251