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
R v CAVE [2018] SADC 19 District Court 9/03/2018

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

BROWN v AUSTRALIAN BUREAU OF STATISTICS [2018] SASC 66 Supreme Court - Magistrates Appeals 17/04/2018

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

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - CONVICTION ON EX PARTE HEARING

FERGUSON v PREMIER PLASTERBOARD PTY LTD [2018] SASC 65 Supreme Court - Magistrates Appeals 12/04/2018

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

HANSON CONSTRUCTION MATERIALS PTY LTD v SALIBA AND ANOR [2018] SADC 50 District Court 18/05/2018

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT

COMMISSIONER FOR CONSUMER AFFAIRS v PIANTADOSI & ORS [2018] SASCFC 38 Supreme Court - Full Court 18/05/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

 

ONODY v RETURN TO WORK SA [2018] SASC 60 Supreme Court 18/05/2018

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE

WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION

PELUSO v POLICE [2018] SASC 63 Supreme Court - Magistrates Appeals 18/05/2018

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

EVIDENCE - PROOF - CORROBORATION - FALSE DENIALS AND LIES

STEPHENSON v RETURN TO WORK SA [2018] SASC 59 Supreme Court 18/05/2018

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - OTHER MATTERS

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

HILDEGARD FRIEDA BIBIC (DECEASED) [2018] SASC 64 Supreme Court 18/05/2018

​SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - MATTERS RELATING TO BENEFICIARIES - PRESUMPTION OF DEATH AND SURVIVORSHIP

R v AHMADI; R v HOSSEINI; R v A, N; R v M, A [2018] SASCFC 39 Supreme Court - Court of Criminal Appeal 17/05/2018

​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 - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF PROSECUTOR OR PROSECUTION

R v M, RS [2018] SASCFC 37 Supreme Court - Court of Criminal Appeal 11/05/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES

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

CONTACT 121 PTY LTD v BODEN [2018] SASC 61 Supreme Court 15/05/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - FORM OF PLEADING - GENERALLY

ECKERT v ROBERTS [2018] SASCFC 21 Supreme Court - Full Court 6/04/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS

HIGH COURT AND FEDERAL COURT - HIGH COURT OF AUSTRALIA - APPELLATE JURISDICTION - PROCEDURE - STAY OF PROCEEDINGS

 

LEGALESE PTY LTD v GREGORY [2018] SASC 58 Supreme Court 8/05/2018

​PROCEDURE - COSTS - TAXATION - PARTICULAR ITEMS

ATTORNEY-GENERAL (SA) v KOWALSKI (NO 7) [2018] SASC 62 Supreme Court 14/05/2018

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO PREVENT ABUSE OF PROCESS - ATTEMPTS TO RELITIGATE
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - OTHER CASES

D v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS FOR THE STATE OF SOUTH AUSTRALIA [2018] SASCFC 33 Supreme Court - Full Court 11/05/2018

CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AND OTHER MATTERS RELATING TO TERRORISM

MILLMAN v SOUTH AUSTRALIAN SUPERANNUATION BOARD [2018] SADC 45 District Court 8/05/2018

ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - GENERALLY

PG KAZIS NOMINEES P/L v BAKERS II P/L & ORS [2018] SADC 48 District Court 11/05/2018

LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - TERM OF LEASE OR TENANCY - DURATION - HOLDING OVER AFTER EXPIRATION OF TERM

LANDLORD AND TENANT - RENEWALS AND OPTIONS - EXERCISE OF OPTION - VALIDITY OF EXERCISE
ESTOPPEL - ESTOPPEL BY DEED OR CONVENTION - ESTOPPEL BY CONVENTION - PARTICULAR CASES

R v BARTELS [2018] SASCFC 34 Supreme Court - Court of Criminal Appeal 11/05/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - OTHER FRAUDS AND IMPOSITIONS - MISAPPLICATION OF MONEY ETC BY PUBLIC SERVANT

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

R v BRITTEN [2018] SASCFC 36 Supreme Court - Court of Criminal Appeal 11/05/2018

CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO ORDER NEW TRIAL OR QUASH CONVICTION AND DIRECT ENTRY OF VERDICT OF ACQUITTAL

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION

R v HIBELJIC [2018] SASCFC 35 Supreme Court - Court of Criminal Appeal 11/05/2018

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

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - OBSCENE, INDECENT OR OBJECTIONABLE PUBLICATIONS OR REPRESENTATIONS - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v ROBINSON [2018] SASCFC 32 Supreme Court - Full Court 11/05/2018

WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - AMOUNT OF COMPENSATION DURING INCAPACITY - CALCULATION OF WEEKLY EARNINGS

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - ENTITLEMENTS REDEEMED OR COMMUTED TO A LUMP SUM

SNOW v CONSUMER ASSOCIATION OF SOUTH AUSTRALIA [2018] SADC 49 District Court 11/05/2018

​ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION

 

LIQUORLAND (AUSTRALIA) PTY LTD v WOOLWORTHS LIMITED AND ORS [2018] SASCFC 31 Supreme Court - Full Court 8/05/2018

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

ANDRESSEN v BENDIGO & ADELAIDE BANK LTD [2018] SASCFC 30 Supreme Court - Full Court 2/05/2018

PRIVATE INTERNATIONAL LAW - JURISDICTION - SUBSTITUTED SERVICE OUT OF JURISDICTION

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SERVICE AND AUTHORITY OF SOLICITORS
PRIVATE INTERNATIONAL LAW - SERVICE OUT OF JURISDICTION - SERVICE UNDER STATE OR TERRITORY LEGISLATION OR RULES OF COURT - GENERALLY

BBSA PTY LTD v STRATOS [2018] SADC 42 District Court 3/05/2018

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - AMENDMENT

LEADENHALL AUSTRALIA PTY LTD v DOMAN & ANOR [2018] SADC 43 District Court 4/05/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS

 

LEGAL PROFESSION CONDUCT COMMISSIONER v MANCINI [2018] SASCFC 29 Supreme Court - Full Court 2/05/2018

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS

MCDONALD v STATE OF SOUTH AUSTRALIA (NO. 2) [2018] SASC 57 Supreme Court 7/05/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT

R v SEXTON [2018] SASCFC 28 Supreme Court - Court of Criminal Appeal 1/05/2018

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

 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

 

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v VODDEN [2018] SASC 48 Supreme Court 12/04/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - OTHER MATTERS

 

CAPITANIO v PPG DEVELOPMENTS PTY LTD [2018] SASC 54 Supreme Court - Magistrates Appeals 30/04/2018

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - ELECTION AND RESCISSION

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS

DAVID JONES LTD (ACN 000 074 573) v BI (CONTRACTING) P/L (ACN 007 602 977) (No 2) [2018] SADC 40 District Court 4/05/2018

​INTEREST

PHR P/L v BRADFORD INSULATION (SA) P/L (No 3) [2018] SADC 41 District Court 4/05/2018

​INTEREST

PUBLIC TRUSTEE v CBA & ORS (No 2) [2018] SASC 55 Supreme Court 13/04/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS - OFFER OF COMPROMISE OR OFFER TO SETTLE OR CONSENT TO JUDGMENT PURSUANT TO RULES

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INTEREST ON COSTS

R v PFENNIG [2018] SASCFC 27 Supreme Court - Court of Criminal Appeal 1/05/2018

​CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - DNA EVIDENCE

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE

 

STOKES v RAGLESS (No 2) [2018] SASC 56 Supreme Court 17/04/2018

​DEFAMATION - ACTIONS FOR DEFAMATION - COSTS

 

R v PHILLIS [2018] SADC 37 District Court 27/04/2018

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

COSENZA & ANOR v GILL & ORS [2018] SASC 50 Supreme Court 30/04/2018

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
PROCEDURE - COSTS - SECURITY FOR COSTS

PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - PARTICULAR RELATIONSHIPS OR CIRCUMSTANCES - OTHER MATTERS

POLICE v JORDAN (No 2) [2018] SASC 52 Supreme Court - Magistrates Appeals 30/04/2018

EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - STATUTORY PROVISIONS AS TO PRIMA FACIE EVIDENCE - AS TO AVERMENTS AND ALLEGATIONS

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - DRIVING IN BREACH OF SPECIFIC SPEED LIMITS
CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - GENERAL MATTERS - NATURE AND SCOPE OF COMMONWEALTH POWERS - SEPARATION OF POWERS

R v M [2018] SADC 39 District Court 30/04/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE

RYAN v RSPCA SA INSPECTORATE INC [2018] SASC 53 Supreme Court - Magistrates Appeals 26/04/2018

ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES - CAUSING UNNECESSARY PAIN AND CRUELLY ILLTREATING
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FROM INTERLOCUTORY DECISIONS

NORTHCOTT & ANOR v VARSALONA & ORS [2018] SADC 38 District Court 19/04/2018

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - FORM OF PLEADING - RAISING NEW MATTER

EQUITY - GENERAL PRINCIPLES - MISTAKE - EQUITABLE REMEDIES - RECTIFICATION - WHERE MUTUAL MISTAKE

R v GODFREY [2018] SADC 35 District Court 26/04/2018

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

COMMISSIONER OF POLICE v CORONERS COURT OF SOUTH AUSTRALIA; COMMISSIONER OF POLICE v AUSTRALIAN LAWYERS ALLIANCE LTD [2018] SASCFC 26 Supreme Court - Full Court 13/04/2018

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT

MAGISTRATES - CORONERS - APPEAL AND REVIEW

D & C HOMES PTY LTD v YANG [2018] SADC 36 District Court 19/04/2018

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

 

R v HAMRA [2018] SADC 33 District Court 16/04/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD

 

LUDWIG & ANOR v HOUSEMAN & ANOR [2018] SASC 51 Supreme Court 19/04/2018

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

ELLUL & ORS v GREEN & ANOR [2018] SASC 49 Supreme Court 13/04/2018

SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION

SUCCESSION - FAMILY PROVISION - PROCEDURE - TIME FOR MAKING APPLICATION - EXTENSION OF TIME - GENERAL PRINCIPLES

R v YAVUZ; R v SOYLER; R v BAYRAKTAR [2018] SASCFC 24 Supreme Court - Court of Criminal Appeal 13/04/2018

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

 

THE STATE OF SOUTH AUSTRALIA v ROBERTS [2018] SASCFC 25 Supreme Court - Full Court 17/04/2018

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE - ARISING IN COURSE OF EMPLOYMENT

LIS & ORS v BERTRAM & ORS [2018] SADC 34 District Court 4/04/2018

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - PENALTIES AND LIQUIDATED DAMAGES

R v HEVKO [2018] SASCFC 22 Supreme Court - Court of Criminal Appeal 11/04/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - OTHER TYPES OF ORDER

DUDLEY & ORS v DEPARTMENT OF PRIMARY INDUSTRIES AND REGIONS SOUTH AUSTRALIA (PIRSA) [2018] SASCFC 23 Supreme Court - Full Court 13/04/2018

ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES - NATIVE TITLE - PROOF AND EVIDENCE
PRIMARY INDUSTRY - FISH - OFFENCES - TAKING PROHIBITED TYPE OF FISH

PRIMARY INDUSTRY - FISH - ABORIGINAL CUSTOMARY RIGHTS

DUTHY HOMES PTY LTD v TINCKNELL & TINCKNELL [2018] SADC 30 District Court 9/04/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT - PARTIAL SUCCESS

 

R v FLINT [2018] SADC 32 District Court 12/04/2018

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES

POLICE v HERITAGE [2018] SASC 47 Supreme Court - Magistrates Appeals 11/04/2018

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - BREACH OF CONDITIONS OF SUSPENSION AND SENTENCE FOLLOWING BREACH

THE TRUSTEE FOR ALLWAY UNIT TRUST TRADING AS WESTSIDE MECHANICAL CONTRACTING PTY LTD v R&D AIRCONDITIONING PTY LTD & ORS [2018] SASC 46 Supreme Court 9/04/2018

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS

 

VISCARIELLO v TAMASAUSKAS [2018] SADC 29 District Court 6/04/2018

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

 

ATTORNEY-GENERAL (SA) v THOMAS [2018] SASC 45 Supreme Court 5/04/2018

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

R v PAAUWE (No 2) [2018] SASC 43 Supreme Court 4/04/2018

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

R v PAAUWE [2018] SASC 42 Supreme Court 4/04/2018

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

SCOPACASA v CITY OF CHARLES STURT [2018] SADC 31 District Court 20/03/2018

CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - STATE CONSTITUTIONS, POWERS AND LAWS
LOCAL GOVERNMENT - POWERS, FUNCTIONS AND DUTIES OF COUNCILS GENERALLY - POWERS GENERALLY

REAL PROPERTY - RATING OF LAND - RATES UNDER LOCAL GOVERNMENT LEGISLATION - COLLECTION OF RATES

TINCKNELL & ANOR v DUTHY HOMES PTY LTD & ANOR [2018] SASC 44 Supreme Court 6/04/2018

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS

PROCEDURE - JUDGMENTS AND ORDERS - ENFORCEMENT OF JUDGMENTS AND ORDERS

TASMANIAN SANDSTONE QUARRIES PTY LTD v BABYLON PROJECTS PTY LTD [2018] SADC 28 District Court 22/03/2018

​SALE OF GOODS - SALE OF GOODS LEGISLATION - FORMATION OF CONTRACT - CONTRACT OF SALE OF GOODS - CONTRACT

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW
PUBLIC TRUSTEE v CBA & ORS [2018] SASC 25 Supreme Court 9/03/2018

SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION
SUCCESSION - PERSONAL REPRESENTATIVES - EXECUTOR DE SON TORT AND INTERMEDDLER
ESTOPPEL - ESTOPPEL BY CONDUCT - ACT, OMISSION OR ASSUMPTION - REPRESENTATION GENERALLY
GUARANTEE AND INDEMNITY - INDEMNITIES

EQUITY - EQUITABLE REMEDIES - GENERALLY

BURNS v ROMEO [2018] SASC 34 Supreme Court 22/03/2018

EXTRADITION - SERVICE AND EXECUTION OF PROCESS ACT - EXECUTION OF WARRANTS - ORDER FOR RETURN
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - JURISDICTION AND GENERALLY

D'ORTENZIO v CHARLES PARLETTA REAL ESTATE PTY LTD [2018] SASC 37 Supreme Court 27/03/2018

​CORPORATIONS

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA
R v WATT [2018] SADC 27 District Court 9/03/2018

CRIMINAL LAW - EVIDENCE

P C YARAK PTY LTD & ANOR v QUICK CASH ADVANCE PTY LTD & ANOR [2018] SADC 26 District Court 29/03/2018

​TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS - CHARACTER OR ATTRIBUTES OF CONDUCT OR REPRESENTATION - STATEMENTS AS TO FUTURE MATTERS AND PROMISES

TRADE AND COMMERCE - TRADE PRACTICES AND RELATED MATTERS - CONSUMER PROTECTION - MISLEADING, DECEPTIVE OR UNCONSCIONABLE CONDUCT - CHARACTER AND ATTRIBUTES OF CONDUCT - IN TRADE OR COMMERCE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COURT SUPERVISION - ADJOURNMENT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - ENFORCEMENT AND REMEDIES - ACTIONS FOR DAMAGES - ASSESSMENT OR AVAILABILITY OF DAMAGES
CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - RELATIONS BETWEEN PRINCIPAL AND THIRD PERSONS - RIGHTS AND LIABILITIES OF PRINCIPAL IN RESPECT OF CONTRACTS OF AGENT - FRAUD AND MISREPRESENTATION - OF AGENT

PSEVDOS v COMMONWEALTH BANK OF AUSTRALIA (ABN 48123123124) [2018] SASC 40 Supreme Court 28/03/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - REOPENING APPEAL

 

MCDONALD v STATE OF SOUTH AUSTRALIA [2018] SASC 41 Supreme Court 28/03/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT

PINKSTERBOER & ORS v COUMI & ORS [2018] SADC 25 District Court 29/03/2018

​DEFAMATION - ACTIONS FOR DEFAMATION

DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT

EVIDENCE
R v CARDY (No 2) [2018] SADC 18 District Court 8/03/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

R v KEYTE [2018] SADC 22 District Court 14/03/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD