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 DOUGLASS [2019] SASCFC 67 Supreme Court - Court of Criminal Appeal 17/06/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - INTELLECTUALLY HANDICAPPED OFFENDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE

POLLEY & ANOR v ZOLLO & ORS [2019] SADC 76 District Court 13/06/2019

​CONTRACTS
EQUITY - EQUITABLE REMEDIES - EQUITABLE COMPENSATION - BREACH OF FIDUCIARY OBLIGATIONS

R v WILTON [2019] SASCFC 65 Supreme Court - Court of Criminal Appeal 13/06/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - VOLUNTARY STATEMENTS - FUNCTIONS OF JUDGE AND JURY - DIRECTIONS TO JURY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - TRESPASS TO LAND
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT

ATTORNEY-GENERAL (SA) v HUCULJAK [2019] SASC 88 Supreme Court 12/06/2019

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

LANG v POLICE [2019] SASC 97 Supreme Court 7/06/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v HELPS [2019] SASCFC 66 Supreme Court - Court of Criminal Appeal 13/06/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EFFECT OF MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

R v HENLEY [2019] SADC 70 District Court 7/06/2019

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

R v HOSSEINI [2019] SADC 69 District Court 4/06/2019

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

THE REVENUE GALLERY PTY LTD v R & S COMMERCIAL FITOUTS PTY LTD [2019] SADC 73 District Court 13/06/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - RELATIONS BETWEEN AGENT AND THIRD PERSONS - LIABILITIES OF AGENT - IN RESPECT OF CONTRACTS - AGENT CONTRACTING ON BEHALF OF UNDISCLOSED PRINCIPAL
ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL - GENERAL PRINCIPLES

MATTHEWS v WHITES HILL (SA) PTY LTD & ANOR [2019] SASC 78 Supreme Court 21/05/2019

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - ADJOURNMENT

VISCARIELLO v LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL & ANOR [2019] SASC 98 Supreme Court 7/06/2019

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - APPLICATIONS

COSENZA v ROY MORGAN INTERVIEWING SERVICES PTY LTD [2019] SASC 95 Supreme Court 6/06/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - SETTING ASIDE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT OR ORDER
TORTS - TRESPASS - TRESPASS TO LAND AND RIGHTS OF REAL PROPERTY - WHAT CONSTITUTES TRESPASS AND DEFENCES THERETO - DEFENCES
EMPLOYMENT LAW - RIGHTS AND LIABILITIES AS BETWEEN EMPLOYER AND THIRD PARTIES - LIABILITIES OF EMPLOYER - FOR TORTS OF EMPLOYEE

COWIE v QUINN [2019] SADC 71 District Court 16/05/2019

​MAGISTRATES - APPEAL AND REVIEW
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - COSTS

DIXON (DECEASED) [2019] SASC 87 Supreme Court 29/05/2019

​SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - MATTERS RELATING TO BENEFICIARIES
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA

MILLARD SHAW PTY LTD v BERNADETTE BYRNES [2019] SADC 60 District Court 3/06/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS

R v BARRETT (No 3) [2019] SASC 93 Supreme Court 4/06/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - CRIMINAL NEGLIGENCE - GENERALLY

R v HELDON [2019] SASCFC 62 Supreme Court - Court of Criminal Appeal 6/06/2019

​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 - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT

R v SEARS [2019] SASCFC 63 Supreme Court - Court of Criminal Appeal 6/06/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v V, A [2019] SASCFC 61 Supreme Court - Court of Criminal Appeal 5/06/2019

​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 - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES - SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - CUMULATIVE SENTENCES - GENERALLY

SHAHIN ENTERPRISES PTY LTD v VIRGO INDUSTRIES PTY LTD [2019] SASC 94 Supreme Court 5/06/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - PARTICULAR PLEADINGS - DEFENCE
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS

HANSSEN v COMMONWEALTH OF AUSTRALIA & ORS (No 2) [2019] SASC 90 Supreme Court 3/06/2019

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

R v BARRETT (No 1) [2019] SASC 91 Supreme Court 4/06/2019

​CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - JOINDER OF PERSONS OR COUNTS

R v SHERIDAN [2019] SADC 64 District Court 30/05/2019

​EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED

O'MALLEY & STATE OF SOUTH AUSTRALIA v SINGH (No 2) [2019] SASC 89 Supreme Court 3/06/2019

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES

R v BARRETT (No 2) [2019] SASC 92 Supreme Court 4/06/2019

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

R v M, DV [2019] SASCFC 59 Supreme Court - Court of Criminal Appeal 30/05/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - JOINT TRIAL OF SEVERAL COUNTS
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE - SEXUAL OFFENCES

HALL v SA POLICE [2019] SADC 5 District Court 31/01/2019

​ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - EXEMPT DOCUMENTS

THE PUBLIC ADVOCATE v C, B [2019] SASCFC 58 Supreme Court - Full Court 24/05/2019

​MENTAL HEALTH - GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS - OTHER MATTERS
STATUTES - ACTS OF PARLIAMENT - STATUTORY POWERS AND DUTIES - EXERCISE
TORTS - MALICIOUS PROCEDURE AND FALSE IMPRISONMENT - FALSE IMPRISONMENT
MENTAL HEALTH - GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS - APPOINTMENT
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - HABEAS CORPUS - APPLICABILITY OF REMEDY

POLICE v HERITAGE [2019] SASCFC 60 Supreme Court - Full Court 31/05/2019

​CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - BREACH OF CONDITIONS OF SUSPENSION AND SENTENCE FOLLOWING BREACH
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

R v DHIR [2019] SASCFC 55 Supreme Court - Court of Criminal Appeal 22/05/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - MISDIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - NON-DIRECTION

PEDERICK LAWYERS P/L v POMEROY [2019] SASC 81 Supreme Court 23/05/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS

ATKINS v IINET PTY LTD [2019] SASC 83 Supreme Court 24/05/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - ALTERNATIVE DISPUTE RESOLUTION - MEDIATION
EQUITY - SETTLEMENTS - RECTIFICATION, REVOCATION, RESCISSION AND CANCELLATION
EQUITY - GENERAL PRINCIPLES - MISTAKE
EQUITY - GENERAL PRINCIPLES - UNCONSCIONABILITY, UNCONSCIONABLE DEALINGS AND OTHER FORMS OF EQUITABLE FRAUD

DIRECTOR OF PUBLIC PROSECUTIONS FOR THE STATE OF SOUTH AUSTRALIA v BERRY [2019] SADC 48 District Court 24/04/2019

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - OTHER MATTERS

HEWISH v POLICE [2019] SASC 82 Supreme Court 24/05/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - RECEIVING AND POSSESSION OF PROPERTY STOLEN OR REASONABLY SUSPECTED OF BEING STOLEN OR UNLAWFULLY OBTAINED
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION

JOHNSON v THE STATE OF SOUTH AUSTRALIA (No 2) [2019] SADC 47 District Court 26/04/2019

​INTEREST - RECOVERABILITY OF INTEREST
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES

LIVING AUSTRALIA PTY LTD v RANS CONSULTING GROUP PTY LTD [2019] SASC 86 Supreme Court 24/05/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT OR ORDER
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

MILEN T/A JO-ANNE N MILEN & ASSOCIATES v STEC [2019] SADC 59 District Court 17/05/2019

​PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - SOLICITOR AND CLIENT - NEGLIGENCE - GENERALLY

R v DE SOUSA LEAL [2019] SASCFC 57 Supreme Court - Court of Criminal Appeal 24/05/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY
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

R v KOO & BAE (No 2) [2019] SADC 49 District Court 3/05/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v KOO & BAE [2019] SADC 50 District Court 3/05/2019

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE - PARTICULAR CASES

YOTCHEV & ANOR v GEORGIEVSKI & ANOR [2019] SADC 61 District Court 21/05/2019

​REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - EXTENSION
EQUITY - GENERAL PRINCIPLES - EQUITABLE CHARGES AND LIENS - CREATION AND WHAT CONSTITUTES - MONEY EXPENDED OR BENEFIT CONFERRED ON PROPERTY OF ANOTHER
VIDENCE - ADMISSIBILITYVIDENCE - ADMISSIBILITY

ATTORNEY-GENERAL (SA) v BRANDON [2019] SASC 85 Supreme Court 29/03/2019

​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

COMMISSIONER FOR CONSUMER AFFAIRS v BUILT IT PTY LTD & ZOLLO [2019] SADC 66 District Court 24/05/2019

​ADMINISTRATIVE LAW

COSENZA v ADELAIDE CITY COUNCIL [2019] SADC 58 District Court 15/05/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PARTIES AND REPRESENTATION - LEGAL REPRESENTATION

ONODY v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASCFC 56 Supreme Court - Full Court 24/05/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION

R v S, JG [2019] SADC 65 District Court 24/05/2019

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

R v THIYAGARAJAH [2019] SASC 84 Supreme Court 24/05/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

SACCO v LOCAL GOVERNMENT ASSOCIATION WORKERS COMPENSATION SCHEME (CITY OF SALISBURY) (No 2) [2019] SASC 80 Supreme Court 21/05/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - OTHER MATTERS

R v SMITH (No 2) [2019] SADC 63 District Court 22/05/2019

​CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - RECORDS OF INTERVIEW - DISCRETION TO EXCLUDE

R v SMITH [2019] SADC 62 District Court 22/05/2019

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

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA v SEVEN NETWORK (OPERATIONS) LTD (No 2) [2019] SASCFC 53 Supreme Court - Full Court 22/05/2019

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS - CASE STATED AND RESERVATION OF QUESTION OF LAW
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

ITALIA CERAMICS INTERNATIONAL SUPER PTY LTD & ANOR v CM CORPORATION PTY LTD & ANOR [2019] SASCFC 54 Supreme Court - Full Court 21/05/2019

​LANDLORD AND TENANT - RENT - BREACH OF COVENANT TO PAY - ACTIONS TO RECOVER RENT OR DAMAGES - ACTION TO RECOVER RENT
LANDLORD AND TENANT - RENT - ABATEMENT
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION
LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES - INSPECTION AND REPAIR

VISCARIELLO v TAMASAUSKAS (NO 3) [2019] SASC 79 Supreme Court 15/05/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE - IN GENERAL

CARTWRIGHT & ANOR v STEVE LITTLE PLUMBING & DRAINAGE & ANOR [2019] SASC 76 Supreme Court 20/05/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - EMBARRASSING, TENDENCY TO CAUSE PREJUDICE, SCANDALOUS, UNNECESSARY ETC OR CAUSING DELAY IN PROCEEDINGS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE
COURTS AND JUDGES - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - REASONABLE APPREHENSION OF BIAS GENERALLY

MARISHA NOMINEES PTY LTD & ANOR v DAW [2019] SASC 77 Supreme Court 21/05/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - SERVICE OF NOTICE
EQUITY - GENERAL PRINCIPLES - EQUITABLE DEFENCES - LACHES AND DELAY - EFFECT AND AVAILABILITY AS A DEFENCE
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - RECOVERY ON QUANTUM MERUIT
LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - WHEN TIME BEGINS TO RUN

R v SINGH [2019] SASCFC 51 Supreme Court - Court of Criminal Appeal 17/05/2019

​CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - DIRECTIONS TO JURY
EVIDENCE - PROOF - STANDARD OF PROOF
CRIMINAL LAW - EVIDENCE - CREDIBILITY - PRIOR INCONSISTENT STATEMENTS - DIRECTIONS TO JURY
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

SAADAT v COMMONWEALTH OF AUSTRALIA & ORS (No 2) [2019] SASC 75 Supreme Court 17/05/2019

​PROCEDURE - COSTS - INTERLOCUTORY PROCEEDINGS - ADJOURNMENT AND AMENDMENT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS

DRUMMOND (DECEASED) [2019] SASC 74 Supreme Court 16/05/2019

​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION - HOME MADE WILL
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS

ATKINS v HUGHES & ANOR [2019] SASCFC 49 Supreme Court - Full Court 14/05/2019

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - HEARING - NATURE OF HEARING - OPPORTUNITY TO PRESENT CASE
LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION

COMMONWEALTH OF AUSTRALIA v SAADAT & ORS [2019] SASCFC 50 Supreme Court - Full Court 16/05/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS - OTHER CASES
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS

COSENZA & ANOR v VAN DYKE & ORS; COSENZA & ANOR v HENEKER & ORS; COSENZA & ANOR v VAN DYKE & ORS [2019] SASC 71 Supreme Court 10/05/2019

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

JONES v POLICE (NO 2) [2019] SASC 72 Supreme Court 14/05/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA
CRIMINAL LAW - SENTENCE

THOMAS v ATTORNEY-GENERAL (SA) [2019] SASCFC 21 Supreme Court - Court of Criminal Appeal 6/03/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - PREVENTIVE DETENTION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - GENERALLY
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - WRONG PRINCIPLE - GENERALLY

VICKERY v DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES [2019] SASC 73 Supreme Court 14/05/2019

​ENVIRONMENT AND PLANNING - TREES AND VEGETATION - NATIVE VEGETATION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

DIRECTOR OF PUBLIC PROSECUTIONS (SA) v KING [2019] SASC 42 Supreme Court 22/03/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - SEARCH WARRANTS - GENERALLY, ISSUE AND VALIDITY - VALIDITY

MCLEOD v POLICE [2019] SASC 69 Supreme Court 8/05/2019

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

O'MALLEY & ANOR v SINGH [2019] SASC 68 Supreme Court 8/05/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS

R v AL-SAMAWY [2019] SADC 42 District Court 5/04/2019

​CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE

R v F, KV [2019] SADC 53 District Court 3/05/2019

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

R v KRONI [2019] SADC 46 District Court 9/05/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

R v MACKAY [2019] SASCFC 45 Supreme Court - Court of Criminal Appeal 9/05/2019

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

R v MARK [2019] SASCFC 48 Supreme Court - Court of Criminal Appeal 9/05/2019

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

R v MATTHEWS [2019] SADC 57 District Court 10/05/2019

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

R v MONKS [2019] SASCFC 47 Supreme Court - Court of Criminal Appeal 9/05/2019

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - SUBSTANCE ABUSE

KEUNG v ABBOTT & ANOR [NO 3] [2019] SASCFC 46 Supreme Court - Full Court 9/05/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

R v WAGNER [2019] SASC 70 Supreme Court 9/05/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - LIFE SENTENCE - REDETERMINATION OR SETTING OF MINIMUM TERM OR NON-PAROLE PERIOD
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - DISCRETION TO REFRAIN FROM FIXING
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER

THE ESTATE OF BABICH v SOUTH AUSTRALIAN SUPERANNUATION BOARD (No 2) [2019] SADC 54 District Court 8/05/2019

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

R v T, DJ [2019] SADC 51 District Court 1/05/2019

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

HURST v KOSZEWSKI [2019] SASC 67 Supreme Court 3/05/2019

​COURTS AND JUDGES - COURTS - JURISDICTION AND POWERS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION
FAMILY LAW AND CHILD WELFARE - THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION - JURISDICTION - DE FACTO RELATIONSHIPS

R v PARSONS [2019] SASCFC 43 Supreme Court - Court of Criminal Appeal 3/05/2019

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

RESCHKE v TREVOR RESCHKE NOMINEES PTY LTD (NO.2) [2019] SASCFC 42 Supreme Court - Full Court 1/05/2019

​REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - EXTENSION
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL

SHAHIN ENTERPRISES PTY LTD v DEVELOPMENT ASSESSMENT COMMISSION [2019] SASCFC 44 Supreme Court - Full Court 6/05/2019

​ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - CONSIDERATION OF PARTICULAR PLANNING MATTERS - AMENITY
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - CONSIDERATION OF PARTICULAR MATTERS - TRAFFIC AND PARKING

THE LEGAL PRACTITIONERS ACT 1981 (SA) RE DUNCAN JAMES FOWLER, A PRACTITIONER [2019] SASC 64 Supreme Court 26/04/2019

​PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES

VLASSIS v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 66 Supreme Court 3/05/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - CAUSAL RELATION BETWEEN INJURY AND INCAPACITY OR DEATH - NEW INTERVENING FORCE - MEDICAL TREATMENT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

POWELL & ANOR [2019] SASC 63 Supreme Court 24/04/2019

​CORPORATIONS - EXAMINATIONS RELATING TO INSOLVENCY - PROCEDURAL MATTERS - LIQUIDATOR'S AFFIDAVIT

R v TIPPING [2019] SASCFC 41 Supreme Court - Court of Criminal Appeal 29/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - OTHER PARTICULAR CASES
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - WARRANTS FOR ARREST AND DETENTION - EXECUTION
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ARREST AND DETENTION - EFFECTING ARREST - INFORMING PERSON ARRESTED OF FACT AND REASON

WANG v POLICE [2019] SASC 65 Supreme Court 26/04/2019

​TRAFFIC LAW - TRAFFIC REGULATION - RESTRICTIONS ON STOPPING AND PARKING
TRAFFIC LAW - DEFINITIONS - ROAD
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

KUNNEN (DECEASED) [2019] SASC 53 Supreme Court 17/04/2019

​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
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS

R v MEDALIAN [2019] SASCFC 40 Supreme Court - Court of Criminal Appeal 23/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - RECOGNISANCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE GOVERNMENT - DEFRAUDING THE COMMONWEALTH

WONDIMU v POLICE [2019] SASC 62 Supreme Court 18/04/2019

​CRIMINAL LAW - PROCEDURE - BAIL - CONDITIONS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT