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
DAVID WAYNE BROWN (DECEASED) BETWEEN YIWEN QIN AND JULIE SPEAR AS GUARDIAN FOR THALIA JADE SPEAR [2016] SASC 199 Supreme Court 22/12/2016


​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION - GENERALLY

SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - GENERALLY

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION

R v KIMMINS [2016] SASC 176 Supreme Court 18/11/2016


CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - SERIOUS OR VIOLENT OFFENDER

CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - OTHER MATTERS

R v KOOYMAN [2016] SASC 200 Supreme Court 22/12/2016


CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL

CRIMINAL LAW - PROCEDURE - BAIL - AFTER CONVICTION - SPECIAL OR EXCEPTIONAL CIRCUMSTANCES - GENERALLY

LYONS v LEGALESE PTY LTD & ORS (No 2) [2017] SASC 2 Supreme Court 13/01/2017


​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PAYMENT INTO COURT, AND OFFERS TO SETTLE OR CONSENT TO JUDGMENT

R v SEXTON [2016] SADC 155 District Court 16/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES

ASLANIDIS v MATTIAZZO [2017] SADC 1 District Court 23/12/2016

TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES

STATE OF SOUTH AUSTRALIA v GOLDSTEIN [2016] SASC 202 Supreme Court 22/12/2016

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - REMEDIES FOR BREACH OF CONTRACT
ARBITRATION

R v EDWARDS [2016] SASCFC 145 Supreme Court - Court of Criminal Appeal 21/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES

SUTCLIFFE v RSPCA (SA) INC (No 2) [2016] SASC 190 Supreme Court - Magistrates Appeals 16/12/2016

ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - ORDERS AND CONVICTIONS - SENTENCE - FINES - IMPOSITION INSTEAD OF OR IN ADDITION TO IMPRISONMENT
MAGISTRATES - ORDERS AND CONVICTIONS - SENTENCE - COMPENSATION ORDERS

WORKCOVER CORPORATION OF SOUTH AUSTRALIA v MOORE-MCQUILLAN [2016] SASC 191 Supreme Court 16/12/2016

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION

AS BANNISTER & ORS v SIRROM ENTERPRISES PTY LTD [2016] SASCFC 153 Supreme Court - Full Court 22/12/2016

PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - SOLICITOR AND CLIENT - GENERALLY
PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - SOLICITOR AND CLIENT - RETAINER - EXTENT OF RETAINER
PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - SOLICITOR AND CLIENT - NEGLIGENCE

AUSTRALIAN STAGING & RIGGING - EVENTS P/L (RECEIVERS APPOINTED TO ASSETS) (IN LIQ) & ORS v ELITE SYSTEMS AUSTRALIA P/L [2016] SASC 204 Supreme Court 23/12/2016

EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - FIDUCIARY DUTY - OTHER CASES
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - FIDUCIARY AND RELATED STATUTORY DUTIES - REMEDIES AND PENALTIES FOR BREACH OF DUTY - GENERALLY
TORTS - TROVER AND DETINUE - WHAT CONSTITUTES CONVERSION - GENERALLY

GREGORY v LEGALESE PTY LTD [2016] SASC 184 Supreme Court - Magistrates Appeals 14/12/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - SOLICITOR AND CLIENT - RETAINER - CHALLENGING RETAINER

R v DELL; R v DELL [2016] SASCFC 156 Supreme Court - Court of Criminal Appeal 23/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - OTHER TYPES OF ORDER
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v HELPS [2016] SASCFC 154 Supreme Court - Court of Criminal Appeal 23/12/2016

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - OTHER CASES
EVIDENCE - ADMISSIBILITY - ADMISSIONS - INFORMAL ADMISSIONS - SELF-SERVING STATEMENTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - FAILURE TO EXERCISE DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - OTHER IRREGULARITIES
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - OTHER MATTERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - JOINT TRIAL OF SEVERAL COUNTS

R v KIELY [2016] SASCFC 151 Supreme Court - Court of Criminal Appeal 21/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE
CRIMINAL LAW - PROCEDURE - WITNESSES - CROSS-EXAMINATION - GENERALLY

R v LI [2016] SASCFC 152 Supreme Court - Court of Criminal Appeal 22/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - SENTENCE - PARTICULAR CASES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE - PROVOCATION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES

R v MATTHEWS [2016] SADC 166 District Court 13/12/2016

EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE

R v SCHULZ [2016] SASCFC 150 Supreme Court - Court of Criminal Appeal 22/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

R v TASSONE [2016] SASCFC 146 Supreme Court - Court of Criminal Appeal 21/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - KNOWLEDGE AND INTENT - SOUTH AUSTRALIA

R v TIPPING [2016] SADC 167 District Court 23/12/2016

CRIMINAL LAW - EVIDENCE - CREDIBILITY - GENERALLY

R v TROPEANO [2016] SADC 152 District Court 12/12/2016

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

THIELE v THE REGISTRAR OF MOTOR VEHICLES [2016] SADC 141 District Court 30/11/2016

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES

WOOLWORTHS LIMITED v CARLETON INVESTMENTS PTY LTD & ORS [2016] SASCFC 157 Supreme Court - Full Court 23/12/2016

GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - MATTERS FOR CONSIDERATION - WHETHER REQUIRED FOR NEEDS OF PUBLIC - SOUTH AUSTRALIA

CARTWRIGHT & ANOR v ADELAIDE HILLS COUNCIL [2016] SADC 164 District Court 23/12/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW

IN THE MATTER OF SANTOS PETROLEUM OPERATIONS PTY LTD (IN LIQUIDATION) [2016] SASC 201 Supreme Court 12/12/2016

CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - DISSOLUTION - GENERALLY

R v ALWAZAN [2016] SASCFC 155 Supreme Court - Court of Criminal Appeal 23/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF DEFENCE CASE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF SUMMING UP AS A WHOLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EFFECT OF MISDIRECTION OR NON-DIRECTION

R v RICCIARDI [2016] SADC 162 District Court 21/12/2016

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

R v STANDLEY [2016] SASCFC 141 Supreme Court - Court of Criminal Appeal 21/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - OF EQUIPMENT AND IMPLEMENTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES

RUSSELL v POLITES INVESTMENTS P/L (No 2) [2016] SASC 203 Supreme Court 22/12/2016

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - INTERLOCUTORY PROCEEDINGS

WELLINGTON & ANOR v CRUISEABOUT & ANOR [2016] SADC 165 District Court 1/11/2016

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS - TERMS ESSENTIAL TO ENABLE PERFORMANCE
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT - REMOTENESS AND CAUSATION - OTHER CASES

BRUCE v BAJU HENLEY SQUARE PTY LTD [2016] SASCFC 149 Supreme Court - Full Court 22/12/2016

CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - VENDOR'S REMEDIES - SPECIFIC PERFORMANCE
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS

CURTIS v POLICE [2016] SASC 198 Supreme Court - Magistrates Appeals 21/12/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PROCEDURE - JURISDICTION - GENERALLY

DIETMAN v FEAST (NO 2) [2016] SASCFC 135 Supreme Court - Full Court 21/12/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT
PRIMARY INDUSTRY - FISH - OFFENCES - TAKING PROHIBITED TYPE OF FISH
PRIMARY INDUSTRY - FISH - OFFENCES - PENALTY

KOWALSKI v COLE [2016] SASCFC 142 Supreme Court - Full Court 22/12/2016

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS
PROCEDURE - COSTS - APPEALS AS TO COSTS
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

R v BEEDAR [2016] SADC 159 District Court 21/12/2016

CRIMINAL LAW

R v GHAZARYAN [2016] SASCFC 140 Supreme Court - Court of Criminal Appeal 21/12/2016

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

 

ROBERTS v ECKERT [2016] SASC 197 Supreme Court 20/12/2016

REAL PROPERTY - GENERAL PRINCIPLES - EJECTMENT - STANDING - GENERALLY
LANDLORD AND TENANT - TERMINATION OF THE TENANCY - BY NOTICE TO QUIT - GENERALLY
EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - CONSTRUCTIVE TRUSTS - UNCONSCIONABLE CONDUCT
REAL PROPERTY - GENERAL PRINCIPLES - EJECTMENT - DEFENCES - IN EQUITY
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION - SURROUNDING CIRCUMSTANCES

MARKSMAN TRAINING SYSTEMS PTY LTD v REGISTRAR OF FIREARMS (No 4) [2016] SADC 154 District Court 15/12/2016

FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS

MASONIC HOMES LTD v OPPEDISANO & PLATINUM PROPERTY RETIREMENT PTY LTD [2016] SASC 196 Supreme Court 16/12/2016

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID CONTRACTS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v ARTHUR [2016] SADC 160 District Court 20/12/2016

EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES

R v CHATTAWAY [2016] SASC 195 Supreme Court 16/12/2016

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

R v ESAU [2016] SASCFC 143 Supreme Court - Court of Criminal Appeal 21/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING
CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

R v FILIPPONI [2016] SASCFC 148 Supreme Court - Court of Criminal Appeal 20/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - OTHER TYPES OF ORDER
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY

R v GOLUBOVIC [2016] SASCFC 144 Supreme Court - Court of Criminal Appeal 21/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF SUMMING UP AS A WHOLE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - DIRECTION TO JURY - REASONABLE DOUBT
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE - DIRECTIONS TO JURY

R v MARSHALL [2016] SASCFC 147 Supreme Court - Court of Criminal Appeal 21/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS

R v WALSH [2016] SASC 157 Supreme Court 28/09/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

R v WILSON [2016] SASCFC 139 Supreme Court - Court of Criminal Appeal 20/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PROCEDURE - JURISDICTION - GENERALLY
CRIMINAL LAW - PROCEDURE - JURISDICTION - SUPREME COURTS - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO SUBSTITUTE VERDICT OR SENTENCE - GENERAL PRINCIPLES

JOHN HOLLAND PTY LTD v HANEL [2016] SASC 192 Supreme Court - Magistrates Appeals 15/12/2016

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - INITIATING PROCESS: INFORMATION, COMPLAINT, NOTICE OR CHARGE
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - PARTICULARS AND CONTENT OF INITIATING PROCESS

PIPIKOS v TRAYANS [2016] SASCFC 138 Supreme Court - Full Court 16/12/2016

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - MATTERS NOT GIVING RISE TO BINDING CONTRACT - VAGUENESS AND UNCERTAINTY - SALE OF LAND
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - STATUTE OF FRAUDS, SECTION 4 - CONTRACTS TO WHICH APPLICABLE - CONTRACTS FOR SALE OR DISPOSITION OF LAND OR ANY INTEREST IN LAND
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - STATUTE OF FRAUDS, SECTION 4 - NON-COMPLIANCE WITH STATUTE - DOCTRINE OF PART PERFORMANCE - WHAT ACTS CONSTITUTE PART PERFORMANCE - ACTS NOT CONSTITUTING PART PERFORMANCE

R v CHARLES [2016] SADC 158 District Court 16/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES

POLICE v MARTIN [2016] SASC 194 Supreme Court - Magistrates Appeals 14/12/2016

MAGISTRATES - ORDERS AND CONVICTIONS - ORDERS TO RESTRAIN DOMESTIC, FAMILY OR APPREHENDED VIOLENCE OR FOR PERSONAL SAFETY - REQUIREMENTS FOR MAKING ORDER
MAGISTRATES - ORDERS AND CONVICTIONS - ORDERS TO RESTRAIN DOMESTIC, FAMILY OR APPREHENDED VIOLENCE OR FOR PERSONAL SAFETY - PROCEDURE AND EVIDENCE
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

R v HALLCROFT [2016] SASCFC 137 Supreme Court - Court of Criminal Appeal 14/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - SENTENCE: PARTICULAR CASES - MINIMUM TERM, NON-PAROLE PERIOD
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE - CIRCUMSTANCES OF OFFENCE

 

R v KUCI [2016] SASCFC 136 Supreme Court - Court of Criminal Appeal 14/12/2016

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  - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS

WHITES HILL (SA) PTY LTD v ALL COMMODITIES PTY LTD (No 1) [2016] SADC 156 District Court 15/12/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW

CLONE PTY LTD v PLAYERS PTY LTD (IN LIQUIDATION) [2016] SASCFC 134 Supreme Court - Full Court 8/12/2016

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

POLICE v ELMES [2016] SASC 188 Supreme Court - Magistrates Appeals 14/12/2016

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - FRESH EVIDENCE
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - MISCARRIAGE OF JUSTICE

POLICE v HOLER [2016] SASC 187 Supreme Court - Magistrates Appeals 14/12/2016

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 - POWERS OF COURT - FRESH EVIDENCE
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES - CONVICTIONS OF TRAFFIC OFFENCES RELATING TO OTHER MATTERS - OTHER PARTICULAR MATTERS

R v ROBERTS & ORS [2016] SASC 193 Supreme Court 14/12/2016

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - EVIDENCE - BURDEN AND STANDARD OF PROOF

ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (RSPCA) (SA) INC v ROGERS [2016] SASC 185 Supreme Court - Magistrates Appeals 14/12/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - GENERALLY - POWERS AND DUTIES - JUSTICES' RECORD AND NOTES
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES

R v HUTCHINSON [2016] SADC 151 District Court 12/12/2016

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

STAIKOPOLOUS v CITY OF WEST TORRENS [2016] SASC 183 Supreme Court 8/12/2016


ENVIRONMENT AND PLANNING - TREES, VEGETATION AND HABITAT PROTECTION

ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - GENERALLY - CONSIDERATION OF DEVELOPMENT STANDARDS - PARTICULAR DEVELOPMENT STANDARDS

ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - SUPREME COURT - ERRORS OF RELEVANT AUTHORITY

WESTWILL PTY LTD & ANOR v THE BAROSSA COUNCIL [2016] SASC 189 Supreme Court 13/12/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

H v COMMISSIONER OF POLICE (No 2) [2016] SADC 153 District Court 9/12/2016


PROCEDURE - COURTS AND JUDGES GENERALLY

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - GENERALLY

POLICE - APPOINTMENT, TENURE AND CONDITIONS OF SERVICE - MISCONDUCT AND DISCIPLINE

R v ROBERTSON [2016] SASCFC 133 Supreme Court - Court of Criminal Appeal 8/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS

LOGAN v BUXTON ELECTRICAL CO P/L & ORS [2016] SADC 149 District Court 5/12/2016

PROCEDURE

OLIVER v ACN 007 870 484 P/L & ORS (NO 2) [2016] SADC 150 District Court 15/11/2016

PROCEDURE

OLIVER v ACN 007 870 484 P/L & ORS [2016] SADC 148 District Court 8/12/2016

EVIDENCE

R v COLENSO [2016] SASCFC 128 Supreme Court - Court of Criminal Appeal 8/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION - GENERALLY
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS

R v HAMRA [2016] SASCFC 130 Supreme Court - Court of Criminal Appeal 8/12/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST ACQUITTAL
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER

R v STAPLETON (No 2) [2016] SASCFC 131 Supreme Court - Court of Criminal Appeal 8/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE - EVIDENCE NOT AVAILABLE AT HEARING

ILLERT v NORTHERN ADELAIDE LOCAL HEALTH NETWORK INC (MODBURY HOSPITAL) [2016] SASC 186 Supreme Court - Magistrates Appeals 2/12/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TORTS - TRESPASS - TRESPASS TO THE PERSON - WHAT CONSTITUTES AND DEFENCES THERETO
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES - GENERALLY

R v LINDSAY [2016] SASCFC 129 Supreme Court - Court of Criminal Appeal 8/12/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - DIRECTIONS TO JURY

HENLEY v COOK [2016] SADC 147 District Court 18/11/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME

ROSE v SOUTH AUSTRALIAN HOUSING TRUST [2016] SASCFC 132 Supreme Court - Full Court 5/12/2016


​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - GENERAL PRINCIPLES

PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - IN GENERAL

ABL CUSTODIAN SERVICES PTY LTD AND ORS v KUNZ [2016] SADC 145 District Court 2/12/2016


​CONTRACTS

EQUITY - GENERAL PRINCIPLES - EQUITABLE ASSIGNMENTS - WHAT AMOUNTS TO AN EQUITABLE ASSIGNMENT - PARTICULAR CASES - POWER OF ATTORNEY

ESTOPPEL - ESTOPPEL BY DEED OR CONVENTION

HARRADINE v THE COMMISSIONER OF POLICE [2016] SADC 135 District Court 1/12/2016


MAGISTRATES - APPEAL AND REVIEW

MANDEVILLE v BETTER LENDING P/L AND ANOR [2016] SADC 146 District Court 6/12/2016


STATUTES - BY-LAWS AND REGULATIONS - VALIDITY - ULTRA VIRES IN GENERAL

STATUTES - ACTS OF PARLIAMENT - STATUTORY POWERS AND DUTIES - EXERCISE - DELEGATION OF POWER CONFERRED BY ACT

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS

R v GIBBS & ORS [2016] SADC 144 District Court 4/11/2016


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

ZALFEN v GARDNER & ANOR [2016] SASC 182 Supreme Court 2/12/2016


​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - JUDGMENTS AND ORDERS

R v HUGHES; R v RIGNEY-BROWN [2016] SASCFC 126 Supreme Court - Court of Criminal Appeal 2/12/2016

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - ABORIGINALITY - GENERALLY

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OFFENDER

R v SEKRST [2016] SASCFC 127 Supreme Court - Court of Criminal Appeal 30/11/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY
CRIMINAL LAW - EVIDENCE - CREDIBILITY - PRIOR INCONSISTENT STATEMENTS - DIRECTIONS TO JURY
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - DIRECTIONS TO JURY

EICAS v DAWSON [2016] SASCFC 124 Supreme Court - Full Court 25/11/2016


​TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES

TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - ACTIONS FOR NEGLIGENCE - APPORTIONMENT OF DAMAGES - GENERALLY

PROCEDURE - COSTS - APPEALS AS TO COSTS

WALSH AND ANOR v PITMAN & ANOR [2016] SADC 143 District Court 30/11/2016


MAGISTRATES - APPEAL AND REVIEW

LANDLORD AND TENANT - AGREEMENTS FOR LEASE

WCK PTY LTD v FOWLER; FOWLER v DANIELS & ANOR [2016] SADC 142 District Court 29/11/2016


CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - GENERAL

COSENZA v MAGISTRATES COURT OF SA & ORS [2016] SASC 181 Supreme Court 25/11/2016


ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT

LOMBARD v POLICE [2016] SASC 179 Supreme Court - Magistrates Appeals 18/11/2016


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

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS

COFF v REGISTRAR OF FIREARMS [2016] SADC 140 District Court 25/11/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW

HUDSON v COMMISSIONER OF TAXATION [2016] SASCFC 122 Supreme Court - Full Court 16/11/2016

​TAXES AND DUTIES - ADMINISTRATION OF FEDERAL TAX LEGISLATION - PENALTIES, OFFENCES AND PROSECUTIONS - PARTICULAR PENALTIES AND OFFENCES - FAILURE TO MAKE STATEMENT OR LODGE RETURN OR DOCUMENT - GENERALLY

MACHADO & ANOR v UNDERWOOD & ANOR (No 2) [2016] SASCFC 123 Supreme Court - Full Court 24/11/2016


DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ACTION

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

PAPPAS v P & R ELECTRICAL P/L & ANOR [2016] SADC 132 District Court 4/11/2016


EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v SWYNCZUK [2016] SADC 138 District Court 24/11/2016

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES