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 CHUNZA [2018] SASCFC 74 Supreme Court - Court of Criminal Appeal 13/07/2018

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

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

R v DUNN [2018] SADC 77 District Court 16/07/2018

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

R v BRANT [2018] SASCFC 72 Supreme Court - Court of Criminal Appeal 5/07/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - GENERALLY

RAEDEL & RAEDEL v SHAHIN [2018] SASC 95 Supreme Court 10/07/2018

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - HEARING OF APPEAL - OTHER MATTERS

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

JOHNSTON v ALDRIDGE (NO 2) [2018] SADC 72 District Court 27/06/2018

​DEFAMATION - ACTIONS FOR DEFAMATION - COSTS

JOHNSTON v ALDRIDGE [2018] SADC 68 District Court 27/06/2018

​DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION

DEFAMATION - PUBLICATION - GENERALLY - AS CAUSE OF ACTION
DEFAMATION - OTHER DEFENCES

DEFAMATION - DAMAGES

SMITH v SMITH & ORS [2018] SASC 93 Supreme Court 4/07/2018

​PROCEDURE

R v O'LOUGHLIN [2018] SADC 73 District Court 26/06/2018

​CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - STATUTORY PROVISIONS RELATING TO EVIDENCE OF CHILDREN

HALLAM v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2018] SASC 92 Supreme Court 29/06/2018

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

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - OTHER MATTERS

R v RENDELL [2018] SASCFC 71 Supreme Court - Court of Criminal Appeal 28/06/2018

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - IN GENERAL - MISCARRIAGE OF JUSTICE - CIRCUMSTANCES INVOLVING MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

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

CORSO v REJUVI LABORATORIES INC & ORS [2018] SADC 71 District Court 29/06/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - SETTING ASIDE - GENERALLY

MATTHEWS v WILLIAMS [2018] SADC 70 District Court 29/06/2018

​MAGISTRATES - APPEAL AND REVIEW

PLAYFORD VINEYARD PTY LTD (ACN 604 608 157) v WISHFORD NOMINEES PTY LTD (ACN 008 077 236) [2018] SASC 84 Supreme Court 22/06/2018

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

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION
CONVEYANCING - THE CONTRACT AND CONDITIONS OF SALE - GENERALLY

CONVEYANCING - THE CONTRACT AND CONDITIONS OF SALE - OTHER PARTICULAR CONDITIONS

W, IB v COMMISSIONER OF POLICE [2018] SASC 87 Supreme Court 26/06/2018

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - REGISTRATION, REPORTING AND LIKE MATTERS

ATTORNEY-GENERAL (SA) v DAVIDSON [2018] SASC 91 Supreme Court 14/05/2018

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

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

WORDS AND PHRASES CONSIDERED/DEFINED

BARLOW v RURAL CITY OF MURRAY BRIDGE [2018] SASC 88 Supreme Court - Magistrates Appeals 26/06/2018

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

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - JUDGE MISTAKEN OR MISLED

MAGISTRATES - ORDERS AND CONVICTIONS - SENTENCE - FINES

FERGUSON v APEX STEEL SUPPLIES PTY LTD [2018] SASC 89 Supreme Court - Magistrates Appeals 26/06/2018

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION

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

FERGUSON v STATE OF SOUTH AUSTRALIA & ORS [2018] SASC 90 Supreme Court - Magistrates Appeals 26/06/2018

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

DEFAMATION - ACTIONS FOR DEFAMATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - REBUTTAL OF PRIVILEGE BY MALICE
TORTS - MISCELLANEOUS TORTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - GENERALLY

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - APPLICATION AND ORDER FOR FURTHER AND BETTER DISCOVERY

STARCZOWSKI v HYDROPOL PLUMBING P/L [2018] SADC 64 District Court 25/06/2018

​MAGISTRATES - APPEAL AND REVIEW

R v HILL AND MAY [2018] SADC 67 District Court 15/06/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY

CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT
CRIMINAL LAW - PROCEDURE - WITNESSES - POWERS OF JUDGE - LEAVE TO REOPEN CASE AND CALL WITNESSES - PROSECUTION EVIDENCE IN REBUTTAL - OTHER CASES

 

DIGIORGIO FAMILY WINES PTY LTD v RESCHKE PTY LTD [2018] SASC 86 Supreme Court 25/06/2018

​CORPORATIONS - WINDING UP - APPLICATIONS FOR WINDING UP BY COURT - ORDERS - ADJOURNMENT OF HEARING

TOPEZ v ADNYAMATHANHA TRADITIONAL LANDS ASSOCIATION (ABORIGINAL CORP) RNTBC & ORS (No 2) [2018] SADC 46 District Court 7/05/2018

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

 

PLANET TIMBERS SA P/L v DEY [2018] SADC 51 District Court 25/05/2018

​MAGISTRATES - APPEAL AND REVIEW

R v BADCOCK [2018] SASCFC 70 Supreme Court - Court of Criminal Appeal 25/06/2018

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

CRIMINAL LAW - EVIDENCE - GENERALLY

R v HUMPHRYS [2018] SASCFC 69 Supreme Court - Court of Criminal Appeal 25/06/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - AS OF RIGHT

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

 

R v STEELE (NO 7) [2018] SASC 85 Supreme Court 25/06/2018

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

R v TURVEY [2018] SASCFC 68 Supreme Court - Court of Criminal Appeal 25/06/2018

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES - SENTENCE

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

ZHUOYING YU v KUNSHAN YI [2018] SADC 69 District Court 24/04/2018

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

REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - WHO MAY LODGE AND WHAT INTEREST SUFFICIENT - PARTY TO FAMILY LAW DISPUTE

DEPARTMENT FOR HEALTH AND AGEING v LI [2018] SASCFC 67 Supreme Court - Full Court 21/06/2018

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION

GM COLES & ORS v EXCELER8 CONTRACTING P/L & ORS [2018] SADC 66 District Court 21/06/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - FUNDS IN COURT AND DISPOSAL THEREOF

M, L v THE MINISTER FOR EDUCATION & CHILD DEVELOPMENT & ORS [2018] SASCFC 54 Supreme Court - Full Court 19/06/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT

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

MITSUBISHI MOTORS AUSTRALIA LTD v KOWALSKI [2018] SASCFC 63 Supreme Court - Full Court 19/06/2018

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL

R v CRONIN [2018] SASCFC 61 Supreme Court - Court of Criminal Appeal 19/06/2018

​EVIDENCE - ADMISSIBILITY - GENERAL PRINCIPLES

EVIDENCE - WITNESSES - CROSS-EXAMINATION - WHEN PERMITTED AND IN GENERAL

 

R v RUZEHAJI; R v NASRADDEN [2018] SASCFC 60 Supreme Court 21/06/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO 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 - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

SNOW v CONSUMER ASSOCIATION OF SOUTH AUSTRALIA (No 2) [2018] SADC 65 District Court 19/06/2018

​ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION

STOKES v RAGLESS [2018] SASCFC 62 Supreme Court - Full Court 19/06/2018

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL

THOMPKINS v MEDICAL BOARD OF AUSTRALIA [2018] SASC 72 Supreme Court 1/06/2018

​PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS

 

ARYSTA LIFESCIENCE AUSTRALIA PTY LTD v PATTON & ORS [2018] SASC 83 Supreme Court 18/06/2018

​PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION - GROUNDS FOR RESISTING PRODUCTION - LEGAL PROFESSIONAL PRIVILEGE - WAIVER OF PRIVILEGE

 

R v HAYLES [2018] SASCFC 58 Supreme Court - Court of Criminal Appeal 19/06/2018

CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

 

R v HELPS [2018] SADC 63 District Court 19/06/2018

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

R v NGUYEN [2018] SASCFC 65 Supreme Court - Court of Criminal Appeal 19/06/2018

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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v PREEDY [2018] SASCFC 55 Supreme Court - Full Court 15/06/2018

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

WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - AMOUNT OF COMPENSATION DURING INCAPACITY - LUMP SUM PAYMENTS - PERMANENT IMPAIRMENT AND LOSS

RAS & ANOR v COMMUNITY CORPORATION NO 27140 INC [2018] SADC 54 District Court 15/06/2018

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW

 

CHADRYSIAK v COMMISSIONER OF HIGHWAYS [2018] SASC 77 Supreme Court 7/06/2018

​REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - PROCEEDINGS FOR COMPENSATION - SOUTH AUSTRALIA - OTHER MATTERS

REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION - ASSESSMENT - DISTURBANCE - PARTICULAR CASES

REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION - ASSESSMENT - INTEREST

COMMISSIONER FOR CONSUMER AFFAIRS v KOUTROPOULOS & ANOR [2018] SASC 79 Supreme Court 15/06/2018

​TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - ENFORCEMENT AND REMEDIES - PENALTY - PRINCIPLES OF ASSESSMENT - CONSUMER PROTECTION CONTRAVENTIONS

TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS

TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - ENFORCEMENT AND REMEDIES - PENALTY

COSENZA & ANOR v PALANKA & ANOR [2018] SASC 81 Supreme Court 15/06/2018

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION

HEIRLOOM VINEYARDS WINE COMPANY PTY LTD v SANTE WINES PTY LTD [2018] SASCFC 56 Supreme Court - Full Court 15/06/2018

​CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - STATUTORY DEMAND - APPLICATION TO SET ASIDE DEMAND - PROCEDURAL REQUIREMENTS

R v HOPPER [2018] SASCFC 53 Supreme Court - Court of Criminal Appeal 13/06/2018

​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

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - SENTENCE

R v SYMONS [2018] SASCFC 48 Supreme Court - Court of Criminal Appeal 12/06/2018

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - VERDICT AGAINST EVIDENCE OR WEIGHT OF EVIDENCE

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

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

R v TRABOLSI [2018] SASCFC 57 Supreme Court 15/06/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

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

UNIVERSITY OF ADELAIDE v ATTORNEY-GENERAL (SA) [2018] SASC 82 Supreme Court 15/06/2018

​CHARITIES - CHARITABLE GIFTS AND TRUSTS - WHEN APPLIED CY-PRES

EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT ON ORIGINATING PROCESS

POLICE v SCHMIDT; ATTORNEY-GENERAL (SA) v SCHMIDT [2018] SASC 80 Supreme Court 8/06/2018

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

CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - OTHER MATTERS

DEPARTMENT FOR HEALTH AND AGEING v LI [2018] SASCFC 52 Supreme Court - Full Court 12/06/2018

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - IN GENERAL

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 - ADEQUACY OF REASONS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - PARTICULAR INJURIES, DISEASES AND DISABILITIES - OTHER INJURIES, DISEASES OR DISABILITIES

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

HAYNES v ST GEORGE BANK A DIVISION OF WESTPAC BANKING CORPORATION; HAYNES v WESTPAC BANKING CORPORATION [2018] SASCFC 51 Supreme Court - Full Court 12/06/2018

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

BANKING AND FINANCE - BANKS - BANK ACCOUNTS - INTEREST, OVERDRAFTS AND ADVANCES
BANKING AND FINANCE - BANKS - LIABILITIES OF BANKS - NEGLIGENCE
MORTGAGES - MORTGAGES AND CHARGES GENERALLY - RIGHTS AND LIABILITIES OF MORTGAGOR AND MORTGAGEE

BANKING AND FINANCE - BANKS - DUTIES OF BANKS

MINISTER FOR CHILD PROTECTION v T, SJ & ORS [2018] SASCFC 46 Supreme Court - Full Court 7/06/2018

​FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION - CHILDREN IN NEED OF PROTECTION - PROCEEDINGS RELATING TO CARE AND PROTECTION - APPLICATIONS

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

MOTOR ACCIDENT COMMISSION v LESLIE [2018] SASCFC 50 Supreme Court - Full Court 12/06/2018

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

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - SCHEDULES
TORTS - THE LAW OF TORTS GENERALLY - GENERAL PRINCIPLES - ACTIO PERSONALIS MORITUR CUM PERSONA AND SURVIVAL OF CAUSES OF ACTION - SURVIVAL OF CAUSE OF ACTION

LIMITATION OF ACTIONS - GENERAL

ROBERTS (DECEASED) [2018] SASC 78 Supreme Court 8/06/2018

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

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

 

TESTEL AUST P/L v RICKARD & ORS (No 3) [2018] SADC 61 District Court 13/06/2018

​COURTS AND JUDGES - CONTEMPT - PARTICULAR CONTEMPTS - INTERFERENCE WITH COURSE OF JUSTICE AND ADMINISTRATION OF LAW - PREJUDICING TRIAL OF CIVIL ACTION

ANDONOPOULOS & ANOR v RAINBOW [2018] SADC 53 District Court 1/06/2018

​TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - FAILURE TO LOOK-OUT - GENERALLY

R v ARMISTEAD [2018] SADC 59 District Court 7/06/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

 

R v RORISON [2018] SASCFC 49 Supreme Court - Court of Criminal Appeal 8/06/2018

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

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - MISCELLANEOUS MATTERS - ALIBI

CRIMINAL LAW - EVIDENCE - CREDIBILITY - PRIOR INCONSISTENT STATEMENTS

IN THE MATTER OF BERNSTEEN PTY LTD (IN LIQ) [2018] SASC 76 Supreme Court 6/06/2018

CORPORATIONS - SUPERVISION - COURTS - POWERS - AS TO IRREGULARITIES

PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - DECLARATIONS - WHO MAY APPLY

R v ARROWSMITH [2018] SASCFC 47 Supreme Court - Court of Criminal Appeal 7/06/2018

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 - OTHER MATTERS

R v M, GJ [2018] SADC 57 District Court 4/06/2018

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

R v MUJA [2018] SADC 58 District Court 4/06/2018

​EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE

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

POLICE v SCHUTT [2018] SASC 75 Supreme Court 1/06/2018

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

CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS

ATTORNEY-GENERAL (SA) v SULLIVAN (No 2) [2018] SASC 74 Supreme Court 22/05/2018

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

LAURO v MINTER ELLISON LAWYERS (NO 2) [2018] SASC 70 Supreme Court 29/05/2018

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY

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

APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL

R v BUCCA; R v CASTLE [2018] SASCFC 42 Supreme Court - Full Court 31/05/2018

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

CRIMINAL LAW - EVIDENCE - CREDIBILITY - RE-EXAMINATION OR EVIDENCE TO RESTORE CREDIT

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

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

CARUSO v BUILT IT PTY LTD (IN LIQUIDATION) [2018] SASC 71 Supreme Court 1/06/2018

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - FRESH EVIDENCE - OTHER MATTERS - EVIDENCE OF FRAUD OR DECEPTION

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - POINTS AND OBJECTIONS NOT TAKEN BELOW - WHEN ALLOWED TO BE RAISED ON APPEAL - OTHER MATTERS
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA

 

EUSTICE v CHANNEL SEVEN ADELAIDE PTY LTD & ORS [2018] SASC 73 Supreme Court 1/06/2018

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

 

KOWALSKI v MITSUBISHI MOTORS AUSTRALIA STAFF SUPERANNUATION FUND PTY LTD & ANOR [2018] SASCFC 44 Supreme Court - Full Court 1/06/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - PARTIES - RIGHTS AND LIABILITIES OF THIRD PARTIES

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v KARPATHAKIS; RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v RUDDUCK [2018] SASCFC 45 Supreme Court - Full Court 1/06/2018

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

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - GENERALLY

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - PRELIMINARY REQUIREMENTS - CLAIMS FOR COMPENSATION - TIME FOR CLAIM

CHAPPELL (DECEASED) [2018] SASC 67 Supreme Court 23/05/2018

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - TO WHOM GRANTED AND WHEN NECESSARY GENERALLY  - SOUTH AUSTRALIA

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - ADMINISTRATION WITH WILL ANNEXED - TO WHOM GRANTED

HASSOLD & ANOR v HASSOLD [2018] SASC 68 Supreme Court 29/05/2018

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE - SOUTH AUSTRALIA - PROOF IN SOLEMN FORM

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - ADMINISTRATION WITH WILL ANNEXED

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - PARTICULAR TESTAMENTARY DISPOSITIONS - CONDITIONS AND GIFTS OVER

MILLER v MILLER & ANOR [2018] SASCFC 40 Supreme Court - Full Court 23/05/2018

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

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SERVICE AND AUTHORITY OF SOLICITORS

SUCCESSION - FAMILY PROVISION - PROCEDURE - TIME FOR MAKING APPLICATION - GENERALLY - SOUTH AUSTRALIA

SUCCESSION - ADMINISTRATION OF ESTATE

R v BROMLEY [2018] SASCFC 41 Supreme Court - Court of Criminal Appeal 29/05/2018

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - OTHER MATTERS

TIMMS v POLICE [2018] SASC 69 Supreme Court - Magistrates Appeals 11/04/2018

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

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS

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