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
BENNETT v POLICE [2016] SASC 139 Supreme Court - Magistrates Appeals 25/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
POLICE - RIGHTS, POWERS AND DUTIES - ENTRY UPON PREMISES

GRAHAM v POLICE [2016] SASCFC 94 Supreme Court - Full Court 25/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

KOCH v CARBONE [2016] SADC 103 District Court 23/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

LESSES v MARAS (NO 2) [2016] SASC 140 Supreme Court 18/08/2016

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

MERICKA v RATHBONE [2016] SASCFC 95 Supreme Court - Full Court 26/08/2016

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - APPEALS
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS

R v FORREST (No 2) [2016] SASCFC 91 Supreme Court - Court of Criminal Appeal 24/08/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT - GENERALLY

R v HUCKS [2016] SASCFC 92 Supreme Court - Court of Criminal Appeal 26/08/2016

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  - GENERALLY

R v JESSOP [2016] SASCFC 93 Supreme Court - Court of Criminal Appeal 26/08/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE - GENERALLY

R v NGUYEN [2016] SASCFC 96 Supreme Court - Court of Criminal Appeal 26/08/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES

MALCOLM & ANOR v MALCOLM & ANOR (No 2) [2016] SADC 102 District Court 23/08/2016

​PROCEDURE - COSTS

R v PARTRIDGE [2016] SASC 138 Supreme Court 24/08/2016

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES

R v RITTER [2016] SASCFC 88 Supreme Court - Court of Criminal Appeal 16/08/2016

​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 - ASSAULT - SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE

R v WEBB [2016] SASC 136 Supreme Court 22/08/2016

​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 - PARTICULAR CASES

MOORE-MCQUILLAN v COX & ORS [2016] SADC 98 District Court 19/08/2016

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS

PHILLIPS v POLICE [2016] SASC 135 Supreme Court 19/08/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES - STALKING - GENERALLY

HOUNSLOW v POLICE [2016] SASC 119 Supreme Court - Magistrates Appeals 4/08/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES

R v NEILSON [2016] SASCFC 90 Supreme Court - Court of Criminal Appeal 19/08/2016

​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 - ASSAULT

RUBY LOANS PTY LTD & ANOR v DE FRANCESCA [2016] SADC 99 District Court 17/08/2016

​PROCEDURE - COSTS - SECURITY FOR COSTS

MCGUINESS v POLICE [2016] SASC 133 Supreme Court - Magistrates Appeals 17/08/2016

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - UNLAWFUL USER OR POSSESSION OF MOTOR VEHICLE
CRIMINAL LAW - PROCEDURE - PLEAS - PLEAS IN BAR

R v BRENDEL [2016] SASCFC 89 Supreme Court - Court of Criminal Appeal 18/08/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - OTHER MATTERS
CRIMINAL LAW - PROCEDURE - PLEAS - PLEAS IN BAR - PLEA OF AUTREFOIS ACQUIT OR AUTREFOIS CONVICT - WHETHER SUFFICIENT BAR

R v CONSTANT [2016] SASCFC 87 Supreme Court - Court of Criminal Appeal 15/08/2016

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

R v NOVAKOVICH [2016] SASC 132 Supreme Court 18/08/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE

THE LEGAL PRACTITIONERS ACT 1981 (SA) RE RODERIC JASON LINDQUIST [2016] SASC 134 Supreme Court 16/08/2016

PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES

BLACKBURN & ANOR v LOGOS RESEARCH INSTITUTE PTY LTD & ORS (No 3) [2016] SADC 97 District Court 7/07/2016

EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE

EMAPTA GROUP v WOODVILLE DIAGNOSTICS AND IMAGING PTY LTD [2016] SADC 96 District Court 15/07/2016

LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR LESSEES - MINIMUM TERM OF LEASE AND RENEWAL OF TERM

POLICE v BUTCHER [2016] SASC 130 Supreme Court - Magistrates Appeals 17/08/2016

TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED
EVIDENCE - PROOF - FACILITATING PROOF - MATTERS RELATING TO MACHINES, PROCESSES AND OTHER DEVICES
EVIDENCE - PROOF - STANDARD OF PROOF - STANDARD OF SATISFACTION - SUFFICIENCY - GENERALLY

R v S, LR [2016] SADC 95 District Court 12/08/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

RIYAR v BLANDFORD [2016] SADC 93 District Court 11/07/2016

​MAGISTRATES - APPEAL AND REVIEW

R v B, L K [2016] SADC 92 District Court 27/07/2016

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

R v STEELE (NO 6) [2016] SASC 124 Supreme Court 12/08/2016

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - MENTAL HEALTH, HOSPITAL SECURITY ORDERS, ETC - REVIEW

STRATA CORPORATION NO 4512 INCORPORATED v REDREUCH PTY LTD & ATLANTIC TOWER PTY LTD [2016] SADC 94 District Court 12/08/2016

REAL PROPERTY - STRATA AND RELATED TITLES - MANAGEMENT AND CONTROL - BODY CORPORATE: POWERS, DUTIES AND LIABILITIES

SUTCLIFFE v RSPCA (SA) INC [2016] SASC 125 Supreme Court - Magistrates Appeals 11/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - MENS REA - STATUTORY OFFENCES

FRUNKS v POLICE [2016] SASC 120 Supreme Court - Magistrates Appeals 5/08/2016

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

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION & CHILD DEVELOPMENT & ORS (No 5) [2016] SASC 127 Supreme Court 11/08/2016

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

POPOWYCZ v POLICE [2016] SASC 126 Supreme Court 12/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PROCEDURE

R v RAVESI [2016] SASC 128 Supreme Court - Magistrates Appeals 9/08/2016

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

WATSON v POLICE [2016] SASC 123 Supreme Court - Magistrates Appeals 9/08/2016

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

KOWALSKI v R J COLE & PARTNERS [2016] SASC 118 Supreme Court - Magistrates Appeals 4/08/2016

​EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - GENERAL MATTERS - DUTY NOT TO MIX TRUST MONEY WITH OWN

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 SIMPSON [2016] SASCFC 83 Supreme Court - Court of Criminal Appeal 8/08/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - OTHER PARTICULAR CASES

WESTPAC SECURITIES ADMINISTRATION LTD v COOPER [2016] SASC 122 Supreme Court 8/08/2016

​SUPERANNUATION - INDUSTRY SUPERVISION
SUPERANNUATION - PRIVATE SECTOR FUNDS - AMENDMENT OF TRUST DEED
SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - POWERS AND DUTIES

PAPAS v POLICE; PAPAS WASTE EQUIPMENT INTERNATIONAL PTY LTD v POLICE [2016] SASC 114 Supreme Court - Magistrates Appeals 13/07/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS

R v ECCLES-SMITH [2016] SASCFC 84 Supreme Court - Court of Criminal Appeal 5/08/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - EVIDENCE

R v SCHUSTER [2016] SASCFC 86 Supreme Court - Court of Criminal Appeal 8/08/2016

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - PREVENTATIVE DETENTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

ANDRESSEN v BENDIGO AND ADELAIDE BANK LTD [2016] SASC 111 Supreme Court 28/07/2016

​PRIVATE INTERNATIONAL LAW - SERVICE OUT OF JURISDICTION - UNDER OTHER LEGISLATION AND RULES OF COURT - VALIDITY
PRIVATE INTERNATIONAL LAW - JURISDICTION - SUBSTITUTED SERVICE OUT OF JURISDICTION
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - RULES OF COURT - POWERS OF COURT IN RELATION TO COURT

R v ALDERSON [2016] SASCFC 85 Supreme Court - Court of Criminal Appeal 8/08/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY

R v YE [2016] SASCFC 82 Supreme Court - Court of Criminal Appeal 4/08/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS

RETAIL EMPLOYEES SUPERANNUATION PTY LTD v PAIN [2016] SASC 121 Supreme Court 8/08/2016

​SUPERANNUATION - INDUSTRY SUPERVISION
SUPERANNUATION - PRIVATE SECTOR FUNDS - AMENDMENT OF TRUST DEED
SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - POWERS AND DUTIES
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION

R v FORREST [2016] SASCFC 76 Supreme Court - Court of Criminal Appeal 28/07/2016

APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - DIRECTIONS AS TO PARTICULAR MATTERS - OTHER MATTERS
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - DIRECTIONS TO JURY
CRIMINAL LAW - EVIDENCE - CHARACTER AND PRIOR CONVICTIONS - CHARACTER OF WITNESS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY - AVAILABILITY AT TRIAL - EVIDENCE IN POSSESSION OF CROWN NOT DISCLOSED TO DEFENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY

AUSTRALIAN EXECUTOR TRUSTEE LTD v SUNCORP LIFE & SUPERANNUATION LTD [2016] SADC 89 District Court 29/07/2016

INSURANCE - LIFE INSURANCE
INSURANCE - THE POLICY - OBLIGATION OF UTMOST GOOD FAITH

SB, MF v MINISTER FOR EDUCATION & CHILD DEVELOPMENT [2016] SASC 116 Supreme Court 1/08/2016

FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE LEGISLATION - CHILDREN IN NEED OF PROTECTION - GUARDIANSHIP OF CHILDREN

MURPHY v POLICE [2016] SASCFC 81 Supreme Court - Full Court 3/08/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - OTHER MATTERS

BUTLER v TIBURZI [2016] SASC 108 Supreme Court 26/07/2016

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

PARKER & ORS v AUSTRALIAN EXECUTOR TRUSTEES LIMITED (No 2) [2016] SASC 115 Supreme Court 2/08/2016

​PROCEDURE - COSTS

R v BAUER [2016] SADC 88 District Court 29/07/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY
CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

LESSES v MARAS [2016] SASC 117 Supreme Court 26/07/2016

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

MANCINI v LEGAL PROFESSION CONDUCT COMMISSIONER [2016] SASCFC 77 Supreme Court - Full Court 26/07/2016

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

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT (NO. 4) [2016] SASC 113 Supreme Court 1/08/2016

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

PDB PROJECT MANAGEMENT AUSTRALIA PTY LTD v HOME BUYER DEPOSIT ASSIST PROGRAM (AUSTRALIA) PTY LTD & ANOR [2016] SADC 90 District Court 1/08/2016

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v BUI (No 2) [2016] SASCFC 80 Supreme Court - Court of Criminal Appeal 1/08/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION
CRIMINAL LAW - SENTENCE

R v FORD [2016] SASC 112 Supreme Court 1/08/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY

R v RERICH [2016] SASCFC 78 Supreme Court - Court of Criminal Appeal 1/08/2016

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - OFFENCES ARISING OUT OF SAME TRANSACTION OR COURSE OF CONDUCT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE

R v RICHARDS [2016] SASCFC 79 Supreme Court - Court of Criminal Appeal 28/07/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - PROCURATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - GENERAL PRINCIPLES
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER - GENERALLY
CRIMINAL LAW - PROCEDURE - VERDICT - POWER OF JUDGE TO DIRECT VERDICT

BETTY JEAN HOFFMAN (DECEASED) [2016] SASC 110 Supreme Court 28/07/2016

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - CHANGING, TRANSPOSING, OMITTING OR SUPPLYING WORDS - OMITTING WORDS

COSTCO WHOLESALE AUSTRALIA PTY LTD v WOOLWORTHS LTD AND ORS [2016] SASCFC 75 Supreme Court - Full Court 21/07/2016

GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - MATTERS FOR CONSIDERATION - GENERALLY
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - POWERS OF LICENSING AUTHORITY - DISCRETION TO GRANT OR REFUSE LICENCE
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - WHOLE ACT TO BE CONSIDERED

KONSTANTINOS ASIMAKOPOULOS (DECEASED) [2016] SASC 109 Supreme Court 28/07/2016

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS

R v F, MN [2016] SADC 86 District Court 27/07/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

THE LUTHERAN LAYPEOPLE'S LEAGUE OF AUSTRALIA INC [2016] SASC 106 Supreme Court 11/07/2016

CHURCHES AND RELIGIOUS ASSOCIATIONS - CHURCH PROPERTY AND TRUSTS - PROCEEDINGS IN RESPECT OF
CHARITIES - ADMINISTRATION AND CONTROL BY COURT - GENERALLY - JURISDICTION AND WHAT MAY BE SANCTIONED OR ORDERED - JURISDICTION - GENERALLY
CHARITIES - ADMINISTRATION AND CONTROL BY COURT - GENERALLY - SETTLEMENT OF SCHEMES - WHEN SCHEME APPROPRIATE

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

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