The following table details all Judgments handed down from the Supreme and District Courts over the past 2 months.
See ERD Judgments for judgments handed down by the Environment, Resources and Development Court.

Attachments Title Court Date Digest Heading
COOPER & ORS v PERRONE & ORS [2016] SASC 102 Supreme Court 4/07/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - COMMENCEMENT OF ACTION
PROCEDURES
CORPORATIONS

KOWALSKI v STANLEY & PARTNERS & ANOR [2016] SASCFC 74 Supreme Court - Full Court 22/07/2016

​PROCEDURE - COSTS - TAXATION
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS

R v POMERY [2016] SADC 84 District Court 22/07/2016

​CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - PHOTOGRAPHS
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - IDENTIFICATION BY STRANGER
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE

R v VASSILIOU [2016] SASCFC 73 Supreme Court - Court of Criminal Appeal 22/07/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OTHERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - MATERIAL RELEVANT FOR DETERMINING APPROPRIATE SENTENCE - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

REGISTRAR OF FIREARMS v MARKSMAN TRAINING SYSTEMS PTY LTD (No 2) [2016] SASCFC 72 Supreme Court - Full Court 22/07/2016

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEW OF PARTICULAR DECISIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS - LICENCES - ISSUE OF AND GENERALLY
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION

OSMAN v LOCKYER AND ANOR (No 2) [2016] SADC 82 District Court 20/07/2016

PROCEDURE - COSTS

R v WHITING [2016] SADC 83 District Court 21/07/2016

CRIMINAL LAW

DIRECTOR OF PUBLIC PROSECUTIONS (SA) v C, MG [2016] SASC 104 Supreme Court - Magistrates Appeals 8/07/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ORS (No 3) [2016] SASC 79 Supreme Court 3/06/2016

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - PARTIES - GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - DISCLOSING NO REASONABLE CAUSE OF ACTION OR DEFENCE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - OTHERWISE ABUSE OF PROCESS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - EMBARRASSING, TENDENCY TO CAUSE PREJUDICE, SCANDALOUS, UNNECESSARY ETC OR CAUSING DELAY IN PROCEEDINGS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS

R v URSIDA (No 2) [2016] SADC 71 District Court 30/06/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION

CHEHADE v COMMISSIONER FOR CONSUMER AFFAIRS [2016] SASC 105 Supreme Court - Magistrates Appeals 11/07/2016

PROFESSIONS AND TRADES - AUCTIONEERS AND AGENTS - OFFENCES AND CONTRAVENTIONS - PARTICULAR CASES - HAVING INTEREST IN SALE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE - CIRCUMSTANCES OF OFFENCE

WILSON v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SA) INC [2016] SASC 107 Supreme Court - Magistrates Appeals 28/06/2016

ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES - CAUSING UNNECESSARY PAIN AND CRUELLY ILLTREATING - PARTICULAR CASES

 

R v T, D [2016] SADC 75 District Court 7/07/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - CONSENT

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - OTHER OFFENCES

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY - ELECTION

R v VAN BEELEN [2016] SASCFC 71 Supreme Court - Court of Criminal Appeal 13/07/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWER TO BRING APPEAL - GENERALLY

S, DA v S, K [2016] SADC 81 District Court 13/07/2016

LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - OTHER CAUSES OF ACTION AND MATTERS
FAMILY LAW AND CHILD WELFARE - DE FACTO RELATIONSHIPS - ADJUSTMENT OF PROPERTY INTERESTS
TSAVALAS v POLICE [2016] SASC 103 Supreme Court - Magistrates Appeals 8/07/2016

CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - WITHDRAWAL AND RESTORATION OF PLEA

COMMUNITY LIVING OPTIONS INC v MCDOUGALL & ANOR [2016] SADC 80 District Court 11/07/2016

EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - CONSTRUCTIVE TRUSTS - BREACH OF FIDUCIARY OBLIGATIONS

R v L, A [2016] SADC 78 District Court 8/07/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

RAGGIO & ANOR v HORLOCK [2016] SADC 79 District Court 11/07/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

CROCKER v DABU [2016] SADC 77 District Court 23/05/2016

MAGISTRATES - APPEAL AND REVIEW

FRANCES PONIKVAR (DECEASED) [2016] SASC 95 Supreme Court 29/06/2016

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - LIMITED, SPECIAL AND CONDITIONAL GRANTS OF PROBATE AND ADMINISTRATION - PROBATE OF LOST WILL
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DESTRUCTION OR MUTILATION, OR STRIKING OUT PORTIONS - PRESUMPTION OF DESTRUCTION OF LOST WILL INTENDED TO BE REVOKED - REBUTTAL OF PRESUMPTION

R v SUTTON [2016] SADC 74 District Court 6/07/2016

CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - SEARCH AND SEIZURE

ANTONACCI v ANTONACCI & ORS [2016] SASC 101 Supreme Court 5/07/2016

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - PASSING OVER OF EXECUTOR AND OTHER MATTERS

NARADALE PASTORAL HOLDINGS v JJ O'CONNOR PTY LTD [2016] SADC 76 District Court 23/05/2016

​MAGISTRATES - APPEAL AND REVIEW

CACAS v MEGAMEG P/L [2016] SADC 73 District Court 24/06/2016

​EQUITY - GENERAL PRINCIPLES - EQUITABLE ESTATES AND INTERESTS - GENERALLY
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - JURISDICTION AND GENERALLY

KUCZMARSKI v ASCOT ADMINISTRATION P/L [2016] SADC 65 District Court 1/07/2016

​EMPLOYMENT LAW - CONTRACT OF SERVICE

PORKER v RICHARDS & ORS [2016] SASC 98 Supreme Court 1/07/2016

​SUCCESSION - ADMINISTRATION OF ESTATE - ASSETS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH

R v BUI [2016] SASCFC 53 Supreme Court - Court of Criminal Appeal 13/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v WELLS [2016] SADC 68 District Court 30/06/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

ADNYAMATHANHA TRADITIONAL LANDS ASSN & ORS v TOPEZ (FORMERLY NANSCHILD) [2016] SADC 69 District Court 1/07/2016

​DEFAMATION

R v P [2016] SADC 67 District Court 27/06/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES

SINGH v POLICE [2016] SASC 97 Supreme Court - Magistrates Appeals 30/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - SENTENCE

BIALOBRZESKI v POLICE [2016] SASC 99 Supreme Court - Magistrates Appeals 21/06/2016

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - DRIVING IN BREACH OF SPECIFIC SPEED LIMITS

 

BRENNAN-LIM v RETURN TO WORK SA (DE POI CONSULTING PTY LTD) [2016] SASC 100 Supreme Court 1/07/2016

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES - GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - GENERALLY - REASONS FOR JUDGMENT - ADEQUACY OF REASONS

HEATH WINES PTY LTD v ATRADIUS CREDIT INSURANCE NV [2016] SADC 72 District Court 1/07/2016

INSURANCE - GENERAL - POLICIES OF INSURANCE - MISREPRESENTATION AND NON-DISCLOSURE - OTHER MATTERS

R v TRAN [2016] SADC 63 District Court 9/06/2016

CRIMINAL LAW - PARTICULAR OFFENCES - MISCELLANEOUS OFFENCES AND MATTERS - FINANCIAL TRANSACTION OFFENCES

R v URSIDA [2016] SADC 70 District Court 13/04/2016

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED

POLICE v WATSON [2016] SASC 92 Supreme Court - Magistrates Appeals 23/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE

R v HAINES [2016] SASC 96 Supreme Court 16/06/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - OTHER MATTERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - DEPOSITIONS - OF ABSENT WITNESS - PERSONS UNABLE TO ATTEND THROUGH DEATH OR ILLNESS - GENERALLY

R v KO [2016] SADC 66 District Court 24/06/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

REGISTRAR OF THE SUPREME COURT OF SOUTH AUSTRALIA v S; REGISTRAR OF THE SUPREME COURT OF SOUTH AUSTRALIA v C [2016] SASC 93 Supreme Court 22/06/2016

​PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - CONTEMPT - WHAT CONSTITUTES - INTERFERENCE WITH COURSE OF JUSTICE AND ADMINISTRATION OF LAW - IN GENERAL

STONE & ANOR v CHAPPEL & ORS (NO. 2) [2016] SASC 88 Supreme Court 23/06/2016

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES - FAILURE IN PORTION OF A CASE
DAMAGES - GENERAL PRINCIPLES - RECOVERY OF COSTS

TURNER v POLICE [2016] SASC 91 Supreme Court - Magistrates Appeals 23/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OFFENCES AND OTHER MATTERS

WHITE v POLICE [2016] SASC 94 Supreme Court - Magistrates Appeals 24/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES

H v COMMISSIONER OF POLICE [2016] SADC 64 District Court 24/06/2016

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - GENERALLY
POLICE - APPOINTMENT, TENURE AND CONDITIONS OF SERVICE - MISCONDUCT AND DISCIPLINE

GRAHAM WILLIAM DAWSON (DECEASED) AND TERESA VERONICA DAWSON (DECEASED) [2016 Supreme Court 20/06/2016

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - PARTICULAR TESTAMENTARY DISPOSITIONS - GIFTS TO SURVIVORS - MEANING OF SURVIVOR; SURVIVE

PHILLIPS v C B MCDONOUGH & CO [2016] SASC 87 Supreme Court 23/06/2016

PROCEDURE - COSTS - APPEALS AS TO COSTS - WRONG EXERCISE OF DISCRETION
PROFESSIONS AND TRADES - LAWYERS - REMUNERATION - TAXATION AND ASSESSMENT OF COSTS - COSTS OF TAXATION

R v POSTOLOVSKI [2016] SASCFC 69 Supreme Court - Court of Criminal Appeal 16/06/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - SENTENCE: PARTICULAR CASES - ATTEMPTED MURDER
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SENTENCING STATISTICS, SCHEDULES, TARIFFS, COMPARISONS, ETC - PARTICULAR CASES

RODDA & ANOR v IAN RODDA PTY LTD & ANOR [2016] SASC 90 Supreme Court 20/06/2016

​PROCEDURE - COSTS

VARRICCHIO v WENTZEL [2016] SASC 86 Supreme Court 16/06/2016

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS
LANDLORD AND TENANT - RIGHTS AND LIABILITIES APART FROM COVENANT - OTHER MATTERS

COMMISSIONER FOR CONSUMER AFFAIRS v MCMURRAY [2016] SASCFC 70 Supreme Court - Full Court 20/06/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM DISTRICT COURT
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY

CORSO v ARIAS HOLDINGS PTY LTD & ORS [2016] SADC 62 District Court 17/06/2016

​TORTS - NEGLIGENCE
DAMAGES - GENERAL PRINCIPLES

POLICE v DINOVITSER [2016] SASC 77 Supreme Court 14/06/2016

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS
TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED
EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - STATUTORY PROVISIONS AS TO PRIMA FACIE EVIDENCE - OTHER PROVISIONS - TRAFFIC OFFENCES

JOHNSON v LEADER; JOHNSON v SYNNEX [2016] SADC 58 District Court 15/06/2016

ADMINISTRATIVE LAW

R v KIELY [2016] SADC 59 District Court 16/06/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES

SCHAFFER v USCA [2016] SADC 61 District Court 16/06/2016

LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION

R v BURTT [2016] SADC 60 District Court 16/06/2016

CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - WITHDRAWAL AND RESTORATION OF PLEA

MARAS v LESSES (NO 2) [2016] SADC 57 District Court 15/06/2016

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

BENJAMIN (DECEASED) [2016] SASC 84 Supreme Court 9/06/2016

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - CIRCUMSTANCES
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - PUBLIC TRUSTEES AND CURATORS

FLEMING v ADVERTISER NEWS WEEKEND PUBLISHING COMPANY P/L & ANOR (NO 3) [2016] SASC 81 Supreme Court 9/06/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - FACTORS RELEVANT TO EXERCISE OF DISCRETION

GOLDSWORTHY v POLICE [2016] SASC 85 Supreme Court - Magistrates Appeals 10/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA - GENERAL PRINCIPLES
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OFFENCES AND OTHER MATTERS

GRAHAM v POLICE [2016] SASC 82 Supreme Court - Magistrates Appeals 10/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

LITTLE v POLICE [2016] SASC 80 Supreme Court - Magistrates Appeals 7/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - CAUSATION

SFERRUZZI v POLICE [2016] SASC 83 Supreme Court - Magistrates Appeals 10/06/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION

PARKER & ORS v AUSTRALIAN EXECUTOR TRUSTEES LIMITED [2016] SASC 64 Supreme Court 1/06/2016

SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - WHETHER APPLICANT LEFT WITH INSUFFICIENT PROVISION - CLAIMS BY CHILDREN

WORDS AND PHRASES CONSIDERED/DEFINED
POLICE v GRAHAM [2016] SASC 78 Supreme Court - Magistrates Appeals 9/06/2016

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PARTICULAR CASES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - PARTICULAR CASES INVOLVING ERROR OF LAW - FAILURE TO GIVE REASONS FOR DECISION
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - IRRELEVANT FACTORS

O, GL v POLICE [2016] SASC 73 Supreme Court - Magistrates Appeals 31/05/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

 

OSMAN v LOCKYER & ORS [2016] SADC 56 District Court 9/06/2016

REAL PROPERTY - EASEMENTS
CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - ENTITLEMENT TO DEPOSIT - RECOVERY BY PURCHASER

MACHADO & ANOR v UNDERWOOD & ANOR [2016] SASCFC 65 Supreme Court - Full Court 3/06/2016

​DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST - PARTICULAR STATEMENTS - ON MATTERS OF PUBLIC INTEREST - WHAT CONSTITUTES PRIVILEGED OCCASION, COMMUNICATION OR CONDUCT
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST - PARTICULAR STATEMENTS - REASONABLENESS OF PUBLICATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - REBUTTAL OF PRIVILEGE BY MALICE
DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL

POLISENA v BURLS [2016] SADC 53 District Court 30/05/2016

​LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION

HAYES v DEPARTMENT FOR CORRECTIONAL SERVICES [2016] SASC 76 Supreme Court - Magistrates Appeals 3/06/2016

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - COMMUNITY SERVICE ORDERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

SZYMANSKA v SZYMANSKI (No 3) [2016] SASC 74 Supreme Court 31/05/2016

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - SET-OFF
PROCEDURE - COSTS - SCALES OF COSTS

THAKUR v POLICE [2016] SASC 75 Supreme Court - Magistrates Appeals 3/06/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS
MAGISTRATES - JURISDICTION - SUBJECT MATTER - MINOR, SIMPLE OR SUMMARY OFFENCE AND SUMMARY TRIAL OF INDICTABLE OFFENCE - CONSENT OR ELECTION OF ACCUSED - REFUSAL OR WITHDRAWAL AND CONSEQUENCES THEREOF

MURRAY & ORS v LESICAR & ORS [2016] SASC 71 Supreme Court 25/05/2016

PARTNERSHIP - PARTNERSHIP PROPERTY - IN GENERAL AND WHAT CONSTITUTES PARTNERSHIP PROPERTY

R v A [2016] SASCFC 66 Supreme Court - Court of Criminal Appeal 1/06/2016

CRIMINAL LAW - SENTENCE - SENTENCING OF JUVENILES - CUSTODIAL ORDERS - DETENTION IN TRAINING CENTRE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v DOMARECKI [2016] SASCFC 67 Supreme Court - Court of Criminal Appeal 2/06/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

R v DRANSFIELD [2016] SASCFC 68 Supreme Court - Court of Criminal Appeal 2/06/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE

R v TURVEY [2016] SADC 55 District Court 3/06/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

UNIVERSITY OF SOUTH AUSTRALIA v MILLER [2016] SADC 54 District Court 3/06/2016

ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - REVIEW OF DECISIONS

R v H, C S [2016] SADC 23 District Court 15/03/2016

​CRIMINAL LAW

POLICE v HODDER [2016] SASC 70 Supreme Court - Magistrates Appeals 24/05/2016

​MAGISTRATES - ORDERS AND CONVICTIONS - ORDERS TO RESTRAIN DOMESTIC, FAMILY OR APPREHENDED VIOLENCE OR FOR PERSONAL SAFETY
MAGISTRATES - ORDERS AND CONVICTIONS - COSTS - DISCRETION OF COURT
MAGISTRATES - HEARING - COURSE OF HEARING - PRESENTATION OF SUBMISSIONS OR EVIDENCE GENERALLY

TUIT (DECEASED) [2016] SASC 72 Supreme Court 31/05/2016

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS