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 LOCKWOOD-LARBARBERA [2019] SADC 123 District Court 14/08/2019

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE

COSENZA & ANOR v VAN DYKE & ORS; COSENZA & ANOR v HENEKER & ORS; COSENZA & ANOR v VAN DYKE & ORS [2019] SASCFC 103 Supreme Court - Full Court 5/09/2019

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

PARSONS v PORCH [2019] SADC 137 District Court 13/09/2019

​PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS

R v G, WJ [2019] SADC 131 District Court 12/09/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - EVIDENCE - CORROBORATION - SUFFICIENCY OF EVIDENCE TO CONVICT - SEXUAL OFFENCES

AUSTRAL HOTEL (SA) PTY LTD v AUSTRAL PROPERTIES PTY LTD AND ORS [2019] SADC 136 District Court 9/09/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - ALTERNATIVE DISPUTE RESOLUTION - MEDIATION

LAURO v MINTER ELLISON LAWYERS [2019] SASC 161 Supreme Court 10/09/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

GHAMRAWI v THE QUEEN [2019] SASCFC 108 Supreme Court - Court of Criminal Appeal 6/09/2019

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

R v HUGHES [2019] SADC 135 District Court 11/09/2019

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

ATTORNEY-GENERAL (SA) v TIPPING [2019] SASC 133 Supreme Court 2/08/2019

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY

DKL v LYK (No 2) [2019] SASC 160 Supreme Court 10/09/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT - GENERAL PRINCIPLES AND EXERCISE OF DISCRETION
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - RECOVERY OF COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS - POWER TO ORDER

GOLDTHORPE v HITTMANN [2019] SADC 132 District Court 6/09/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

MANNIX ELECTRICAL PTY LTD v BELPORT PTY LTD [2019] SASC 159 Supreme Court 10/09/2019

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

DEGUISA & ANOR v LYNN & ORS [2019] SASCFC 107 Supreme Court - Full Court 5/09/2019

​REAL PROPERTY - TORRENS TITLE - RESTRICTIVE COVENANTS - ENFORCEABILITY AND EFFECT
REAL PROPERTY - RESTRICTIVE COVENANTS - BUILDING AND OTHER SCHEMES - GENERAL PRINCIPLES
REAL PROPERTY - RESTRICTIVE COVENANTS - INTERPRETATION - GENERAL PRINCIPLES

R v KORTH [2019] SADC 133 District Court 5/09/2019

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

CLARE & GILBERT VALLEYS COUNCIL v KRUSE [2019] SASCFC 106 Supreme Court - Full Court 6/09/2019

​TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE
TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - STANDARD OF CARE - PARTICULAR PERSONS AND SITUATIONS - MOTOR VEHICLE CASES

DRAOUI v LE & ORS [2019] SASCFC 105 Supreme Court - Full Court 3/09/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - ADJOURNMENT
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

DUFFY v GOOGLE LLC [2019] SASC 157 Supreme Court 6/09/2019

​DEFAMATION - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - AMENDMENT

R v LAWRIE & ADAMS [2019] SADC 130 District Court 5/09/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION

R v MCNAMARA & PITMAN [2019] SADC 128 District Court 3/09/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE - PERVERTING THE COURSE OF JUSTICE

R v CLOUGH [2019] SADC 125 District Court 29/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS

STURT STREET A QUEST INN PTY LTD ACN 099 333 392 v TEMPLETON [2019] SASC 158 Supreme Court 29/08/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FURTHER EVIDENCE
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - JURISDICTION, POWERS AND APPEALS OF COURTS AND TRIBUNALS - JURISDICTION GENERALLY

PRIOR [2019] SASC 156 Supreme Court 29/08/2019

​CORPORATIONS - WINDING UP - LIQUIDATORS - APPOINTMENT - IN VOLUNTARY WINDING UP - APPLICATION TO COURT

R v WHITE [2019] SADC 129 District Court 4/09/2019

​CRIMINAL LAW - PARTICULAR OFFENCES

CAMMARANO & ORS v POWELL & ANOR [2019] SASC 131 Supreme Court 1/08/2019

​CORPORATIONS - EXAMINATIONS RELATING TO INSOLVENCY - GENERALLY
CORPORATIONS - EXAMINATIONS RELATING TO INSOLVENCY - PROCEDURAL MATTERS

RYAN v DOUDLE; RYAN v CLOUGH; RYAN v WARD; RYAN v RSPCA [2019] SASC 155 Supreme Court 30/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS

WHITWORTH v CHRISTIAN BROTHERS COLLEGE ADELAIDE [2019] SASC 154 Supreme Court 29/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - GENERAL PRINCIPLES

HOLLAND v COMMISSIONER OF POLICE [2019] SASC 141 Supreme Court 14/08/2019

​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

R v FLINT [2019] SADC 127 District Court 30/08/2019

​POLICE - RIGHTS, POWERS AND DUTIES - ENTRY UPON PREMISES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v MATTHEWS [2019] SADC 120 District Court 27/08/2019

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

R v RICHARDS [2019] SADC 124 District Court 28/08/2019

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

CHRISTOPOULOS & ANOR v BN AND R ROBERTS PTY LTD [2019] SADC 97 District Court 12/07/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

KING v OMBUDSMAN & ANOR (No 2) [2019] SASC 153 Supreme Court 23/08/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - PARTIES AND NON-PARTIES - COSTS IN PROCEEDINGS WHERE MULTIPLE PARTIES

R v BERNHARDT [2019] SADC 121 District Court 22/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

CARUSO v BUILT IT PTY LTD (IN LIQ) (No 4) [2019] SASC 148 Supreme Court 19/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
MAGISTRATES - ORDERS AND CONVICTIONS - COSTS - DISCRETION OF COURT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - APPEALS AS TO COSTS - RELEVANT PRINCIPLES - WHERE WRONG EXERCISE OF DISCRETION
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INTERPRETATION OF PARTICULAR COSTS ORDERS - SOLICITOR AND CLIENT

PLAYFORD VINEYARD PTY LTD v WISHFORD NOMINEES PTY LTD (NO 2) [2019] SASCFC 104 Supreme Court - Full Court 23/08/2019

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES

SAUNDERS v BECKWITH & ORS [2019] SADC 109 District Court 22/08/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM DISTRICT COURT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - PARTICULAR PLEADINGS - DEFENCE

CARUSO v BUILT IT PTY LTD (IN LIQ) (No 3) [2019] SASC 147 Supreme Court 19/08/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COURT SUPERVISION - AMENDMENT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - OTHERWISE ABUSE OF PROCESS
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  - WHERE FRAUD, MISREPRESENTATION OR SUPPRESSION OF MATERIAL FACTS
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - RECOVERY ON QUANTUM MERUIT

R v WICKERS [2019] SASCFC 102 Supreme Court - Court of Criminal Appeal 23/08/2019

​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
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - EVIDENCE - COMPLAINTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

SELECTA HOMES PTY LTD v PAINO [2019] SADC 122 District Court 23/08/2019

​EQUITY - EQUITABLE REMEDIES - INJUNCTIONS

ATTORNEY-GENERAL (SA) v FITZPATRICK [2019] SASC 143 Supreme Court 14/08/2019

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS

CHESHIRE & ANOR v JENNINGS & ANOR (No 2) [2019] SADC 106 District Court 16/08/2019

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

EDWARDS v BEECROFT [2019] SADC 118 District Court 21/08/2019

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

RENFORS v EBAY INTERNATIONAL AG [2019] SADC 105 District Court 16/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

DRAOUI v LE, THEN & COCK [2019] SADC 108 District Court 16/08/2019

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

RANKINE v PAROLE BOARD OF SOUTH AUSTRALIA [2019] SASC 145 Supreme Court 16/08/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - FAILURE TO OBSERVE STATUTORY PROCEDURE

R v GASMIER [2019] SADC 103 District Court 14/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

DEPUTY COMMISSIONER OF TAXATION v LEO & ORS [2019] SASC 146 Supreme Court 15/08/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - FREEZING ORDERS

KIDD v REGIONAL SKILLS TRAINING PTY LTD [2019] SASC 144 Supreme Court 15/08/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v B, DWL; R v B, CG [2019] SASCFC 101 Supreme Court - Court of Criminal Appeal 16/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF GENERAL CONDUCT OF TRIAL

R v TENNANT [2019] SASC 150 Supreme Court 16/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

REGISTRAR OF MOTOR VEHICLES v MAGISTRATES COURT OF SOUTH AUSTRALIA & ANOR [2019] SASC 142 Supreme Court 16/08/2019

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

STEPHENSON v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASCFC 89 Supreme Court - Full Court 25/07/2019

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ESTOPPEL

R v PERRE [2019] SASCFC 100 Supreme Court - Court of Criminal Appeal 14/08/2019

​CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - PRE-TRIAL PUBLICITY
CRIMINAL LAW - PROCEDURE - JURIES - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION

R v IWANCZENKO [2019] SASC 140 Supreme Court 13/08/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - PREVENTATIVE DETENTION
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

ATKINS v IINET PTY LTD [2019] SASCFC 98 Supreme Court - Full Court 8/08/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL
EQUITY - GENERAL PRINCIPLES - UNCONSCIONABILITY, UNCONSCIONABLE DEALINGS AND OTHER FORMS OF EQUITABLE FRAUD

KOWALSKI v SIM & ORS [2019] SASCFC 96 Supreme Court - Full Court 9/08/2019

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - DISABILITY - UNSOUNDNESS OF MIND - OTHER MATTERS
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - GENERALLY - POWER OF COURT TO EXTEND LIMITATION PERIOD

LAURO v MINTER ELLISON LAWYERS [2019] SASC 139 Supreme Court 12/08/2019

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

MITSUBISHI MOTORS AUSTRALIA LIMITED v KOWALSKI [2019] SASCFC 95 Supreme Court - Full Court 9/08/2019

​PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO PREVENT ABUSE OF PROCESS - ATTEMPTS TO RELITIGATE
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION

PLAYFORD VINEYARD PTY LTD (ACN 604 608 157) v WISHFORD NOMINEES PTY LTD (ACN 008 077 236) [2019] SASCFC 99 Supreme Court - Full Court 12/08/2019

​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

SHEPHERD v COOPER & ANOR [2019] SASC 138 Supreme Court 9/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - WHEN APPEAL LIES AND EFFECT OF DEATH OF PARTY

ATTORNEY-GENERAL (SA) v COABY [2019] SASC 137 Supreme Court 7/08/2019

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - SERIOUS OR VIOLENT OFFENDER

FITZPATRICK v LIFETIME SUPPORT AUTHORITY & ANOR [2019] SASCFC 97 Supreme Court - Full Court 9/08/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND PROVISIONS - PRESERVATION OF RIGHTS, LIABILITIES AND LEGAL PROCEEDINGS ON AMENDMENT, REPEAL, LAPSING ETC OF ACT OR PROVISION
STATUTES - ACTS OF PARLIAMENT - OPERATION AND EFFECT OF ACTS - RETROSPECTIVE OPERATION

LEGAL PROFESSION CONDUCT COMMISSIONER v A PRACTITIONER [2019] SASC 136 Supreme Court 8/08/2019

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

JENNINGS v POLICE [2019] SASCFC 93 Supreme Court - Court of Criminal Appeal 30/07/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - POLICE OFFICERS

NICOLLE v POLICE [2019] SASC 134 Supreme Court 7/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE

R v B, JW [2019] SADC 102 District Court 2/08/2019

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

R v FOWLER [2019] SADC 100 District Court 31/07/2019

​CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - VOLUNTARY STATEMENTS
CRIMINAL LAW - EVIDENCE - CREDIBILITY
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - MOTIVE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - ENTERING AS TRESPASSER OR WITH INTENT OR BEING FOUND WITH INTENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT IN COMPANY

BALLANTYNE v NATIONAL HEAVY VEHICLE REGULATOR [2019] SASC 135 Supreme Court 5/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES

R v ROBERTS [2019] SASCFC 94 Supreme Court - Court of Criminal Appeal 1/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE - GENERALLY
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - EVIDENCE OF UNCHARGED ACTS
CRIMINAL LAW - EVIDENCE - HEARSAY - ADMISSIBILITY

HENDERSON v HOUSING CHOICES SOUTH AUSTRALIA LTD [2019] SASCFC 92 Supreme Court - Full Court 29/07/2019

​BANKRUPTCY - PROCEEDINGS IN CONNECTION WITH SEQUESTRATION

R v C, PJ [2019] SADC 101 District Court 2/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES

PAPAGIORGOS v COMPLETE CREDIT ACQUISITIONS PTY LTD [2019] SASCFC 90 Supreme Court - Full Court 25/07/2019

​PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - JUDGMENT IN DEFAULT OF PLEADINGS OR PARTICULARS

VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER [2019] SASC 111 Supreme Court 1/07/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT

GILLOTT v DISTRICT COURT OF SOUTH AUSTRALIA & ORS [2019] SASC 132 Supreme Court 30/07/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - CERTIORARI - GROUNDS FOR CERTIORARI TO QUASH - EXCESS OR WANT OF JURISDICTION - PARTICULAR INSTANCES OF JURISDICTIONAL ERROR

R v MILLER [2019] SASCFC 91 Supreme Court - Court of Criminal Appeal 29/07/2019

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - SELF-DEFENCE AND OTHER FORMS OF DEFENCE
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - DIRECTIONS TO JURY

HARWOOD v POLICE [2019] SASC 129 Supreme Court 26/07/2019

​CRIMINAL LAW - PROCEDURE - WITNESSES - CROSS-EXAMINATION
EVIDENCE - WITNESSES - CROSS-EXAMINATION - WHEN PERMITTED AND IN GENERAL - BY WHOM

HYPE INVESTMENTS PTY LTD AND SEBASTIANO v FUNK COFFEE AND FOOD PTY LTD AND ORS [2019] SADC 98 District Court 19/07/2019

​TRADE AND COMMERCE - TRADE AND COMMERCE GENERALLY - STATUTES RELATING TO MISLEADING OR DECEPTIVE CONDUCT IN TRADE

PSEVDOS v FIRST MORTGAGE COMPANY HOME LOANS PTY LTD [2019] SASC 130 Supreme Court 26/07/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - MASTERS

R v B, R [2019] SASCFC 86 Supreme Court - Court of Criminal Appeal 18/07/2019

​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 - SENTENCE - PARTICULAR CASES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD

MONSERE PTY LTD & ANOR v RDM NOMINEES PTY LTD [2019] SASC 126 Supreme Court 24/07/2019

​CORPORATIONS

R v BARBER [2019] SASC 96 Supreme Court 7/06/2019

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

TRELOAR v POLICE [2019] SASC 128 Supreme Court 24/07/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - TESTING AND ANALYSIS PROCEDURE - BREATH TEST AND ANALYSIS
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING UNDER INFLUENCE OF INTOXICATING LIQUOR OR A DRUG

CARUSO v BUILT IT PTY LTD (IN LIQ) (No 2) [2019] SASC 125 Supreme Court 22/07/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - PROCEEDINGS BY OR AGAINST THE COMPANY - LEAVE TO PROCEED - WHETHER LEAVE REQUIRED
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - PROCEEDINGS BY OR AGAINST THE COMPANY - LEAVE TO PROCEED - WHEN LEAVE GRANTED
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - OTHER MATTERS - COSTS

JAMES HONNER NOMINEES PTY LTD v GEARD (No 2) [2019] SADC 99 District Court 22/07/2019

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

JAMES HONNER NOMINEES PTY LTD v GEARD [2019] SADC 78 District Court 21/06/2019

​TRADE AND COMMERCE - TRADE AND COMMERCE GENERALLY - STATUTES RELATING TO MISLEADING OR DECEPTIVE CONDUCT IN TRADE

MICHALAKAS v ANGAS SECURITIES LIMITED [2019] SASCFC 88 Supreme Court - Full Court 23/07/2019

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

SIROPOULOS v POLICE [2019] SASC 127 Supreme Court 19/07/2019

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