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
MCLEOD v THORPE & ANOR [2017] SADC 38 District Court 13/04/2017

PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

R v GRINDLEY [2017] SADC 41 District Court 20/04/2017

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF

R v HERA-SINGH [2017] SADC 43 District Court 26/04/2017

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES

R v QUIST [2017] SASCFC 37 Supreme Court - Court of Criminal Appeal 28/04/2017

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

 

EVIDENCE - PROOF - CORROBORATION - FALSE DENIALS AND LIES

 

APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION

 

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - MOTIVE

 

R v CONSTANT (No 2) [2017] SASCFC 36 Supreme Court - Court of Criminal Appeal 27/04/2017

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - IMPORT-EXPORT OFFENCES
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - REFORMATION AND REHABILITATION

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - RECOGNISANCES

R v KNIPE [2017] SASCFC 34 Supreme Court - Court of Criminal Appeal 27/04/2017

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER
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  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE

LAWSON v REGISTRAR OF MOTOR VEHICLES [2017] SADC 36 District Court 12/04/2017


ADMINISTRATIVE LAW - JUDICIAL REVIEW

R v M, GA [2017] SADC 40 District Court 18/04/2017


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

CARUSO v RAVENSWOOD P/L [2017] SASCFC 33 Supreme Court - Full Court 19/04/2017

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
MORTGAGES - MORTGAGEE'S REMEDIES - POSSESSION - GENERALLY

KEENE v SJ WEIR PTY LTD & ANOR [2017] SASC 59 Supreme Court 20/04/2017

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - FAILURE TO EXERCISE DISCRETION
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE FINDINGS BASED ON DOCUMENTARY EVIDENCE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - OTHER MATTERS
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - GENERAL
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS

KEYS (DECEASED) [2017] SASC 28 Supreme Court 8/03/2017

​SUCCESSION - MAKING OF A WILL - STATUTORY POWER OF RECTIFICATION

MILLER v MILLER (NO 2) [2017] SASC 53 Supreme Court 11/04/2017

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES
SUCCESSION - ADMINISTRATION OF ESTATE
SUCCESSION - FAMILY PROVISION - PROCEDURE - TIME FOR MAKING APPLICATION

PRATER & PRATER KITCHENS PTY LTD (ACN 165 514 929) v GROPE HAMILTON LAWYERS [2017] SASC 55 Supreme Court 11/04/2017

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - MAGISTRATES COURT

SOLAR JUICE PTY LTD v MINTZ [2017] SADC 37 District Court 13/04/2017

​GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - OFFER AND ACCEPTANCE

CANTOR MANAGEMENT SERVICES P/L & ORS v BOOTH [2017] SASCFC 20 Supreme Court 17/03/2017


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

SUPERANNUATION - BENEFITS - GENERALLY

SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - GENERALLY

GROPE HAMILTON LAWYERS (REG'D) v PRATER & PRATER KITCHENS PTY LTD (ACN 165 514 929) [2017] SASC 54 Supreme Court - Magistrates Appeals 11/04/2017


PROCEDURE - COSTS - RECOVERY OF COSTS

MAGISTRATES - ORDERS AND CONVICTIONS - COSTS - OTHER CASES

R v BRODRIBB; R v BOURCHIER [2017] SASCFC 32 Supreme Court - Court of Criminal Appeal 13/04/2017


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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - GENERALLY

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - OTHER MATTERS

R v CUNNINGHAM [2017] SASCFC 30 Supreme Court - Court of Criminal Appeal 13/04/2017


CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - DEFERRAL OF AND REMAND FOR SENTENCE

R v TURVEY [2017] SASCFC 28 Supreme Court - Court of Criminal Appeal 11/04/2017


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

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

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - 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  - JUDGE ACTED ON WRONG PRINCIPLE

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL

MISCARRIAGE OF JUSTICE - APPLICATION OF PROVISO TO PARTICULAR CASES

STRINGER & STRINGER v WESTFIELD SHOPPING CENTRE MANAGMENT CO (SA) P/L [2017] SADC 35 District Court 18/04/2017


TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - OCCUPIERS

TORTS - NEGLIGENCE - LIABILITY FOR OTHERS' NEGLIGENCE - INDEPENDENT CONTRACTORS

DEPARTMENT OF STATE DEVELOPMENT v PISONI [2017] SADC 34 District Court 6/04/2017

ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - EXEMPT DOCUMENTS

JINMAN v ANZ [2017] SASC 56 Supreme Court 11/04/2017

MORTGAGES - ESTATE, RIGHTS AND LIABILITIES OF MORTGAGOR AND MORTGAGEE - POSSESSION
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - MASTERS

R v KING [2017] SADC 39 District Court 7/04/2017

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

R v PFENNIG [2017] SASCFC 26 Supreme Court - Court of Criminal Appeal 11/04/2017

 

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

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

 

 

ATTORNEY-GENERAL FOR STATE OF SA v WIKAIRE [2017] SASC 58 Supreme Court 12/04/2017


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

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

R v BOHNER [2017] SASC 57 Supreme Court 11/04/2017


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

R v CHESTERMAN [2017] SASCFC 31 Supreme Court - Court of Criminal Appeal 12/04/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - GENERAL PRINCIPLES

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - GENERAL PRINCIPLES

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

R v COLBERT [2017] SASCFC 29 Supreme Court - Court of Criminal Appeal 12/04/2017


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

R v ROROS [2017] SADC 33 District Court 6/04/2017


CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE

HENDERSON v VERSCHOOR & ORS [2017] SADC 32 District Court 7/04/2017


​CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE LEGISLATURE - ELECTIONS AND RELATED MATTERS - DISPUTED ELECTIONS - DISPUTED ELECTION COURTS OR TRIBUNALS - PETITION

KELLETT v SCHRIEVER & ANOR [2017] SASC 52 Supreme Court 7/04/2017


​EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - INDEMNITY, LIEN AND REIMBURSEMENT - LEGAL COSTS AND COMMISSION ENTITLEMENT

PROCEDURE - COSTS - APPEALS AS TO COSTS - DISCRETION

MASONIC HOMES LTD v OPPEDISANO & PLATINUM PROPERTY RETIREMENT PTY LTD (NO 2) [2017] SASC 50 Supreme Court 7/04/2017


CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID CONTRACTS

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

MCFARLANE v LEGAL PROFESSION CONDUCT COMMISSIONER [2017] SASCFC 25 Supreme Court - Full Court 7/04/2017


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

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

PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - OTHER COURTS AND TRIBUNALS

R v FARRER [2017] SASCFC 27 Supreme Court - Court of Criminal Appeal 10/04/2017


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

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

R v HARSE [2017] SASCFC 17 Supreme Court - Court of Criminal Appeal 10/03/2017


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

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - ROLE OF GUILTY PLEA OR DEPOSITIONS

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - OTHER MATTERS

TESTEL AUST P/L v RICKARD & ORS [2017] SADC 31 District Court 7/04/2017

 

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

TRADE AND COMMERCE - TRADE AND COMMERCE GENERALLY - RESTRAINT OF TRADE - RESTRAINT BY AGREEMENT - VALIDITY AND REASONABLENESS - IN GENERAL - VALIDITY

TRADE AND COMMERCE - OTHER REGULATION OF TRADE OR COMMERCE - RESTRAINTS OF TRADE - ENFORCEMENT OF AGREEMENT - REMEDIES FOR BREACH OF AGREEMENT - DAMAGES

TRADE AND COMMERCE - TRADE PRACTICES ACT 1974 (CTH) AND RELATED LEGISLATION - ENFORCEMENT AND REMEDIES

TRADE AND COMMERCE - TRADE PRACTICES ACT 1974 (CTH) AND RELATED LEGISLATION - ENFORCEMENT AND REMEDIES - OTHER ORDERS OR RELIEF - DECLARATIONS - THAT AGREEMENT VOID OR VOID AB INITIO

TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - UNCONSCIONABLE CONDUCT

TORTS - MISCELLANEOUS TORTS - INTERFERENCE WITH CONTRACTUAL AND OTHER RELATIONS

DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES

DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES

DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT - REMOTENESS AND CAUSATION - LOSS OF PROFITS

EQUITY - EQUITABLE REMEDIES - ACCOUNTS AND INQUIRIES - GENERALLY

EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INJUNCTIONS FOR PARTICULAR PURPOSES - IN AID OF A LEGAL RIGHT

HU v DIRECTOR OF PUBLIC PROSECUTIONS [2017] SASC 46 Supreme Court 30/03/2017


CRIMINAL LAW - PROCEDURE - CONFISCATION OF PROCEEDS OF CRIME AND RELATED MATTERS - RESTRAINING OR FREEZING ORDER - WHAT PROPERTY

R v T, LP [2017] SADC 29 District Court 30/03/2017

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

MUNRO & ORS v MUNRO & ORS [2017] SASC 48 Supreme Court 30/03/2017


EQUITY - EQUITABLE REMEDIES - ACCOUNTS AND INQUIRIES

EQUITY - EQUITABLE REMEDIES - ACCOUNTS AND INQUIRIES - JURISDICTION GENERALLY

EQUITY - EQUITABLE REMEDIES

EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY

SUCCESSION - ADMINISTRATION OF ESTATE

ESTOPPEL - ESTOPPEL BY CONDUCT - ACT, OMISSION OR ASSUMPTION - REPRESENTATION GENERALLY

MORTGAGES

HARCOURTS SOUTH AUSTRALIA PTY LTD v OUWENS CASSERLY REAL ESTATE PTY LTD AND ORS [2017] SADC 30 District Court 3/02/2017


​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 - GENERAL PRINCIPLES

RETURN TO WORK CORPORATION OF SA v WATKINS [2017] SASC 47 Supreme Court 31/03/2017

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - OTHER MATTERS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT

 

FURINA v COOKE [2017] SASC 45 Supreme Court - Magistrates Appeals 31/03/2017

MAGISTRATES - JURISDICTION - GENERAL MATTERS - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - OTHER MATTERS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - IN GENERAL

 

KOWALSKI v BOURNE [2017] SASCFC 24 Supreme Court - Full Court 24/03/2017

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES - RIGHT OF APPEAL
ESTOPPEL - ESTOPPEL BY JUDGMENT - RES JUDICATA OR CAUSE OF ACTION ESTOPPEL
ESTOPPEL - ESTOPPEL BY JUDGMENT - ANSHUN ESTOPPEL
LIMITATION OF ACTIONS - LIMITATION OF PARTICULAR ACTIONS
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA

 

KOWALSKI v COLE [2017] SASCFC 23 Supreme Court - Full Court 24/03/2017

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES - RIGHT OF APPEAL
ESTOPPEL - ESTOPPEL BY JUDGMENT - RES JUDICATA OR CAUSE OF ACTION ESTOPPEL
ESTOPPEL - ESTOPPEL BY JUDGMENT - ANSHUN ESTOPPEL
LIMITATION OF ACTIONS - LIMITATION OF PARTICULAR ACTIONS
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA

 

PULLMAN v AUSTRALIAN TAXATION OFFICE [2017] SASC 44 Supreme Court - Magistrates Appeals 31/03/2017

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
TAXES AND DUTIES - INCOME TAX AND RELATED LEGISLATION - INCOME - GENERALLY
TAXES AND DUTIES - INCOME TAX AND RELATED LEGISLATION - RETURNS AND ASSESSMENTS - RETURNS AND REQUIREMENT TO LODGE

 

SANDERY v KOWALSKI (No 2) [2017] SASC 49 Supreme Court 31/03/2017

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHO MAY EXERCISE RIGHT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS

 

MCPHERSON v CHOI [2017] SADC 25 District Court 23/03/2017

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - REMEDIES FOR BREACH OF CONTRACT
CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT
EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - LIABILITY FOR BREACH OF TRUST

 

ADELAIDE ISLAMIC MOSQUE SOCIETY OF SA INC v YOUSUF [2017] SADC 27 District Court 29/03/2017


LANDLORD AND TENANT - TENANCIES OTHER THAN FOR A TERM - TENANCIES AT WILL - DETERMINATION - BY NOTICE

LANDLORD AND TENANT - RENT - GENERALLY

ESTOPPEL

PAWLAK v POLICE [2017] SASC 40 Supreme Court - Magistrates Appeals 24/03/2017


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

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - GENERALLY

BRIDGES v POLICE [2017] SASC 35 Supreme Court - Magistrates Appeals 23/03/2017


​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER

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

R v SAUNDERS [2017] SASCFC 21 Supreme Court - Court of Criminal Appeal 22/03/2017


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

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

M v L & ANOR [2017] SASC 39 Supreme Court 22/03/2017


FAMILY LAW AND CHILD WELFARE - THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION - JURISDICTION - EFFECT OF CROSS-VESTING LEGISLATION - PARTICULAR CASES - WHEN TRANSFER GRANTED

FAMILY LAW AND CHILD WELFARE - THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION - JURISDICTION - PROCEEDINGS IN RELATION TO CONCURRENT, PENDING OR COMPLETED PROCEEDINGS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PARTIES AND REPRESENTATION - PERSONS UNDER LEGAL INCAPACITY OTHER THAN CHILDREN

EQUITY - TRUSTS AND TRUSTEES - APPOINTMENT, REMOVAL AND ESTATE OF TRUSTEES - APPOINTMENT OF NEW TRUSTEES - BY THE COURT - JURISDICTION

MILLER v MILLER [2017] SASC 37 Supreme Court 22/03/2017


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

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

SUCCESSION - ADMINISTRATION OF ESTATE

SUCCESSION - FAMILY PROVISION - PROCEDURE - TIME FOR MAKING APPLICATION

COX (DECEASED) [2017] SASC 41 Supreme Court 22/03/2017


SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - MISTAKES AND OMISSIONS

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

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - WHERE UNCERTAINTY - AS TO PERSON OR OBJECT

WHITTLES MANAGEMENT SERVICES P/L v HUGH SUTCLIFFE MARTIN AS LIQUIDATOR OF SAMUEL GROUP AUSTRALIA P/L (IN LIQ) [2017] SASC 42 Supreme Court 24/03/2017


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

CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES AND VOIDABLE TRANSACTIONS - GENERALLY

STRAZDINS v ANZ BANKING GROUP LTD (No 2) [2017] SASC 43 Supreme Court 22/03/2017


PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - AMOUNT AND NATURE OF SECURITY

K, MP v COMMISSIONER OF POLICE [2017] SASC 38 Supreme Court 17/03/2017


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

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD & ANOR (No 5) [2017] SASC 32 Supreme Court 16/03/2017


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

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS

R v MCCARTHY [2017] SASC 36 Supreme Court 20/03/2017


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

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ADMINISTERING CAUTION - GENERALLY

YULE v IRWIN & ORS (No 3) [2017] SASC 34 Supreme Court 20/03/2017


EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY - PETITION OR SUMMONS FOR ADVICE - PARTICULAR CASES

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - OTHER CASES AND MATTERS

SUCCESSION - ADMINISTRATION OF ESTATE - OTHER MATTERS

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

R v M, RS (No 2) [2017] SADC 23 District Court 17/03/2017


EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE

R v M, RS (No 3) [2017] SADC 24 District Court 17/03/2017


CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

RICHARDSON v LEGAL PROFESSION CONDUCT COMMISSIONER [2017] SASC 30 Supreme Court 15/03/2017


​LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - OTHER CAUSES OF ACTION AND MATTERS

LIMITATION OF ACTIONS - LIMITATION OF PARTICULAR ACTIONS - PENALTIES AND FORFEITURE

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT - IMPROPER DEALINGS

COMMISSIONER FOR CONSUMER AFFAIRS v MCMURRAY [2017] SASCFC 16 Supreme Court - Full Court 7/03/2017


APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW

TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION

PROFESSIONS AND TRADES - AUCTIONEERS AND AGENTS - CONSTRUCTION OF STATUTORY PROVISIONS - SOUTH AUSTRALIA - CONTROL OF MONEY

R v GIBBS [2017] SADC 21 District Court 16/03/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

RAVENSWOOD PTY LTD v CARUSO [2017] SASC 31 Supreme Court 9/03/2017


MORTGAGES - MORTGAGES AND CHARGES GENERALLY - RIGHTS AND LIABILITIES OF MORTGAGOR AND MORTGAGEE - POSSESSION - RIGHTS AND LIABILITIES OF MORTGAGEE IN POSSESSION

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

LEGAL PROFESSION CONDUCT COMMISSIONER v SEMAAN [2017] SASCFC 19 Supreme Court - Full Court 10/02/2017


PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - FALSIFICATION OF DOCUMENTS AND TRANSACTIONS

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

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

MARTIN v ELECTORAL DISTRICTS BOUNDARIES COMMISSION [2017] SASCFC 18 Supreme Court - Full Court 10/03/2017


STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - RULES OF CONSTRUCTION - GENERALLY

CONSTITUTIONAL LAW - CONSTITUTIONAL AMENDMENT - STATES - SOUTH AUSTRALIA

CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE LEGISLATURE - ELECTIONS AND RELATED MATTERS - ELECTORAL DISTRICTS AND REDISTRIBUTION

R v GILL [2017] SADC 22 District Court 14/03/2017


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

R v SEYMOUR [2017] SASC 33 Supreme Court 15/03/2017


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

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - EVIDENCE - GENERALLY

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

BRETT SEYMOUR MATHEWS, STIRLING MALL PARTNERS P/L & STIRLING MALL (SA) P/L v LOTUS STONES (SA) P/L [2017] SASC 27 Supreme Court - Magistrates Appeals 6/03/2017


ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL

ESTOPPEL - ESTOPPEL BY JUDGMENT - PARTIES - IDENTITY OF PARTIES - PRIVITY

ESTOPPEL - ESTOPPEL BY CONDUCT - EQUITABLE ESTOPPEL GENERALLY

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS

ESTOPPEL - ESTOPPEL BY JUDGMENT - RES JUDICATA OR CAUSE OF ACTION ESTOPPEL

PLAYFORD v POLICE [2017] SASC 26 Supreme Court - Magistrates Appeals 9/03/2017


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

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

R v FERGUSON [2016] SADC 129 District Court 2/11/2016

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

R v R, A [2017] SADC 19 District Court 2/03/2017


​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - DISEASE OF THE MIND, MENTAL DISEASE OR MENTAL INFIRMITY

SANDERY v KOWALSKI [2017] SASC 29 Supreme Court - Magistrates Appeals 9/03/2017


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

ANDRESSEN v BENDIGO AND ADELAIDE BANK LTD (No 2) [2017] SASC 25 Supreme Court - Magistrates Appeals 1/03/2017


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

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

HARRISON v JLTSKI PTY LTD AS TRUSTEE FOR TRENWITH FAMILY TRUST [2017] SADC 20 District Court 8/03/2017

​CONTRACTS

LONGRIDGE GROUP P/L v PAGE [2017] SADC 16 District Court 6/03/2017

​MAGISTRATES - APPEAL AND REVIEW

R v CHRISTOPHERS [2017] SADC 12 District Court 2/02/2017


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

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

R v VACCARO [2017] SASCFC 10 Supreme Court - Court of Criminal Appeal 16/03/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PRODUCTION OR CULTIVATION

CRIMINAL LAW - PROCEDURE - SUMMING UP

HARMER v POLICE [2017] SASC 24 Supreme Court - Magistrates Appeals 2/03/2017


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

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE - OTHER OFFENCES

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - OTHER OFFENSIVE WEAPONS - POSSESSING, CARRYING OR BEING FOUND ARMED

MARKSMAN TRAINING SYSTEMS PTY LTD v REGISTRAR OF FIREARMS (No 5) [2017] SADC 15 District Court 23/02/2017


ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEW OF PARTICULAR DECISIONS

R v ARMITAGE [2017] SADC 17 District Court 2/03/2017

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v HOFFMAN [2017] SASCFC 15 Supreme Court - Court of Criminal Appeal 3/03/2017


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

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING MDMA (ECSTASY)

WESTPAC BANKING CORPORATION v HAYNES; HAYNES v ST GEORGE BANK A DIVISION OF WESTPAC BANKING CORPORATION [2017] SASC 23 Supreme Court 2/03/2017


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

R v PRINGLE [2017] SASCFC 9 Supreme Court - Court of Criminal Appeal 23/02/2017


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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

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