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
O'NEIL v POLICE [2018] SASC 137 Supreme Court - Magistrates Appeals 18/09/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT

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

R v COLLINS [2018] SASCFC 97 Supreme Court - Court of Criminal Appeal 18/09/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CONDUCT - THREATS

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

R v SEARS [2018] SADC 94 District Court 7/09/2018

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

R v W, J [2018] SADC 95 District Court 13/09/2018

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

W, T J [2018] SADC 97 District Court 13/09/2018

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

WORDS AND PHRASES CONSIDERED/DEFINED
ADELAIDE BRIGHTON CEMENT LTD v BURGESS [2018] SASC 134 Supreme Court 11/09/2018

​CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS

MANDEVILLE v BETTER LENDING P/L & ANOR (No 5) [2018] SADC 99 District Court 13/09/2018

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

ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL
WORDS AND PHRASES CONSIDERED/DEFINED
R v TUCKER [2018] SADC 96 District Court 13/09/2018

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

 

HUGHES-ROBERTS (DECEASED) [2018] SASC 133 Supreme Court 11/09/2018

​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ADMISSIBILITY AND USE OF EXTRINSIC EVIDENCE IN AID OF CONSTRUCTION

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

MICHALAKAS v ANGAS SECURITIES LTD [2018] SASC 135 Supreme Court 12/09/2018

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

R v JONES [2018] SASCFC 96 Supreme Court - Court of Criminal Appeal 14/09/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION

CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - DIRECTIONS TO JURY

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE

R v R, ILC [2018] SADC 98 District Court 14/09/2018

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

SAMWISE HOLDINGS PTY LTD v ALLIED DISTRIBUTION FINANCE PTY LTD & ORS [2018] SASCFC 95 Supreme Court - Full Court 14/09/2018

​PERSONAL PROPERTY - OWNERSHIP AND POSSESSION

MORTGAGES - REGISTRATION OF SECURITY INTERESTS IN CHATTELS OR GOODS - REGISTRATION OF SECURITY INTERESTS IN PARTICULAR OR SPECIAL GOODS

THE LEGAL PRACTITIONERS ACT 1981 (SA) RE DAVID PETER ANDREW MOEN [2018] SASC 136 Supreme Court 14/09/2018

​PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v MACKS [2018] SASC 132 Supreme Court 10/09/2018

​PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS

EVIDENCE - AFFIDAVITS AND STATUTORY DECLARATIONS - AFFIDAVITS - USE OF AFFIDAVITS - CROSS-EXAMINATION OF DEPONENT

R v PISHDARI; R v ROBERTS; R v MITCHELL; R v JOHNSTON; R v REYNOLDS; R v MACKAY [2018] SASCFC 94 Supreme Court - Court of Criminal Appeal 13/09/2018

​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  - PARITY BETWEEN CO-OFFENDERS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY

CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE

AUSTAND EDUNBURGH ELEVATORS PTY LTD v MARVEGGIO & ANOR [2018] SASC 128 Supreme Court 7/09/2018

​MORTGAGES - MORTGAGEE'S REMEDIES - POSSESSION - RIGHTS AND LIABILITIES OF MORTGAGEE IN POSSESSION

R v GODFREY [2018] SASCFC 93 Supreme Court - Court of Criminal Appeal 11/09/2018

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

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

VAN SCHAIK v POLICE [2018] SASC 130 Supreme Court - Magistrates Appeals 5/09/2018

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

YADLAMALKA LAND PTY LTD v RAGLESS & ANOR [2018] SASC 131 Supreme Court 2/08/2018

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

BALODIS v REGISTRAR OF FIREARMS [2018] SASC 126 Supreme Court 5/09/2018

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - NATURE OF RIGHT - SCOPE AND EFFECT OF APPEAL

BRADY v POLICE [2018] SASC 129 Supreme Court - Magistrates Appeals 5/09/2018

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

GARDEN ESTATE HACKHAM PTY LTD v ANGAS SECURITIES LTD [2018] SASC 125 Supreme Court 5/09/2018

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

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT
LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - APPLICATION OF THE STATUTES TO PARTICULAR CAUSES OF ACTION

LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - WHEN TIME BEGINS TO RUN - PARTICULAR CAUSES OF ACTION

H.E.S.T. AUSTRALIA LIMITED v INKLEY [2018] SASC 127 Supreme Court 6/09/2018

​SUPERANNUATION - PRIVATE SECTOR FUNDS - AMENDMENT OF TRUST DEED

SUPERANNUATION - INDUSTRY SUPERVISION
SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - POWERS AND DUTIES
EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - MISCELLANEOUS OTHER POWERS, DUTIES AND LIABILITIES - POWER TO AMEND TRUST DEED

D&V SERVICES PTY LTD v SA POWER NETWORKS [2018] SASCFC 92 Supreme Court - Full Court 4/09/2018

​TORTS - NEGLIGENCE - DANGEROUS AND INJURIOUS THINGS, ETC - BREACH OF DUTY OF CARE

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES - DANGEROUS THINGS OR SUBSTANCES

LYKO v DERKATCH [2018] SADC 90 District Court 30/08/2018

​REAL PROPERTY - TORRENS TITLE - JOINT TENANCY AND TENANCY IN COMMON - SEVERANCE OF JOINT TENANCY

REAL PROPERTY - GENERAL PRINCIPLES - INCIDENTS OF ESTATES AND INTERESTS IN LAND - JOINT TENANCY AND TENANTS IN COMMON - JOINT TENANCY - RIGHT OF OCCUPATION

REAL PROPERTY - GENERAL PRINCIPLES - EJECTMENT

EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - CONSTRUCTIVE TRUSTS - UNCONSCIONABLE CONDUCT

R v CRABBE [2018] SASC 118 Supreme Court 28/08/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER

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

R v PEET [2018] SASCFC 91 Supreme Court - Court of Criminal Appeal 5/09/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

WHITE v POLICE [2018] SASC 124 Supreme Court - Magistrates Appeals 5/09/2018

​MAGISTRATES - ORDERS AND CONVICTIONS - ORDERS TO RESTRAIN DOMESTIC, FAMILY OR APPREHENDED VIOLENCE OR FOR PERSONAL SAFETY - REQUIREMENTS FOR MAKING ORDER

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

ATKINS v O'BRIEN [2018] SADC 93 District Court 30/08/2018

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

R v M, L [2018] SADC 92 District Court 28/08/2018

​CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT

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

ANDERSON v COMMISSIONER OF HIGHWAYS (NO 2) [2018] SASC 121 Supreme Court 31/08/2018

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

REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - POWERS OF ACQUISITION

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

 

COLCLASURE v POLICE REVIEW TRIBUNAL & ANOR [2018] SASC 123 Supreme Court 31/08/2018

​POLICE - TRIBUNALS AND OTHER AUTHORITIES

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - OBSERVANCE OF PROCEDURES

HUSSEY v POLICE [2018] SASC 122 Supreme Court - Magistrates Appeals 31/08/2018

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

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - BURDEN OF PROOF

 

RAEDEL & RAEDEL v SHAHIN (NO 2) [2018] SASC 119 Supreme Court 31/08/2018

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

R v RIBBON [2018] SADC 91 District Court 27/08/2018

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

TAXES AND DUTIES - CUSTOMS AND EXCISE - PENAL PROVISIONS UNDER CUSTOMS LEGISLATION - PENALTIES - DRUG OFFENCES UNDER CUSTOMS LEGISLATION - COURIER AND TRAFFICKING OFFENCES

R v SINGH [2018] SASCFC 89 Supreme Court - Court of Criminal Appeal 28/08/2018

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - IRREGULARITIES - GENERALLY

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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE

RESCHKE v TREVOR RESCHKE NOMINEES PTY LTD [2018] SASC 120 Supreme Court 30/08/2018

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

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

BILACZENKO v POLICE [2018] SASC 117 Supreme Court - Magistrates Appeals 27/08/2018

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

TRAFFIC LAW - REGISTRATION AND LICENSING OF PRIVATE VEHICLES - UNREGISTERED VEHICLES

INSURANCE - MOTOR VEHICLES - COMPULSORY THIRD PARTY INSURANCE AND LIKE SCHEMES - OFFENCES - DRIVING, USE OR CAUSING OR PERMITTING USE OF UNINSURED VEHICLE

MILLER v MILLER & ANOR (No 2) [2018] SASCFC 82 Supreme Court - Full Court 23/08/2018

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

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

SUCCESSION - ADMINISTRATION OF ESTATE

R v NGUYEN [2018] SASCFC 87 Supreme Court - Court of Criminal Appeal 21/08/2018

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - JUDGE'S SUMMING UP

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v SHAH [2018] SASCFC 90 Supreme Court - Court of Criminal Appeal 22/08/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - ACTS ENDANGERING LIFE OR PERSON

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - DANGEROUS DRIVING - DANGER TO PUBLIC OR PERSON

CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY

R v D, VF [2018] SADC 89 District Court 20/08/2018

​EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - JOINDER
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE

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

R v GAUTAM AND SINGH [2018] SADC 86 District Court 16/08/2018

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - NATURE OF DISCRETION - GENERALLY

CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - PHOTOGRAPHS - GENERALLY

R v JONES [2018] SASCFC 80 Supreme Court - Court of Criminal Appeal 15/08/2018

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

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION

R v MILLER [2018] SASCFC 88 Supreme Court - Court of Criminal Appeal 22/08/2018

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

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 - HOMICIDE - MANSLAUGHTER - SENTENCE

R v PARROTT [2018] SASCFC 78 Supreme Court - Court of Criminal Appeal 14/08/2018

​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 - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - SENTENCE

COSENZA v THE STATE OF SOUTH AUSTRALIA & ANOR (No 2) [2018] SASC 115 Supreme Court 17/08/2018

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

DARWIN FOOD PTY LTD v GRAY [2018] SASCFC 84 Supreme Court - Full Court 20/08/2018

​BANKRUPTCY - SCOPE AND POLICY OF LEGISLATION - APPLICATION OF BANKRUPTCY LAWS

BANKRUPTCY - ADMINISTRATION OF PROPERTY - PROOF OF DEBTS - WHAT DEBTS PROVABLE - DAMAGES AND CONTINGENT LIABILITIES - CONTINGENT LIABILITIES

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION

NANOSECOND CORPORATION PTY LTD & ANOR v GLEN CARRON PTY LTD & ANOR [2018] SASC 116 Supreme Court 16/08/2018

​EVIDENCE - MECHANICAL RECORDS

EVIDENCE - ADMISSIBILITY AND RELEVANCY - HEARSAY

R v BAFTIROSKI [2018] SASCFC 83 Supreme Court - Court of Criminal Appeal 21/08/2018

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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - WHAT CONSTITUTES

R v BAIN (No 2) [2018] SADC 88 District Court 20/08/2018

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

R v TSONIS [2018] SASCFC 86 Supreme Court - Court of Criminal Appeal 21/08/2018

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY

R v WAKEFIELD [2018] SASCFC 85 Supreme Court - Court of Criminal Appeal 21/08/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TOTALITY

R v BAIN [2018] SADC 87 District Court 20/08/2018

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

BROOKS & ANOR v YOUNG & ORS [2018] SASCFC 81 Supreme Court - Full Court 16/08/2018

​SUCCESSION - FAMILY PROVISION - APPEALS

SUCCESSION - FAMILY PROVISION - PROCEDURE - TIME FOR MAKING APPLICATION - EXTENSION OF TIME - APPLICATION TO BE BEFORE FINAL DISTRIBUTION

EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - GENERAL PRINCIPLES

HOLDER v STATE OF SOUTH AUSTRALIA [2018] SADC 83 District Court 3/08/2018

​TORTS - TRESPASS - TRESPASS TO THE PERSON - ACTION FOR DAMAGES

LYNN AND ORS v DEGUISA AND ANOR (No 2) [2018] SADC 84 District Court 9/08/2018

​REAL PROPERTY - TORRENS TITLE - RESTRICTIVE COVENANTS - ENFORCEABILITY AND EFFECT

R v HAYES [2018] SASC 114 Supreme Court 9/08/2018

​CRIMINAL LAW - PROCEDURE - BAIL - JURISDICTION OF SUPREME COURT

R v HOPPER (No 2) [2018] SASCFC 79 Supreme Court - Court of Criminal Appeal 15/08/2018

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - MATERIAL RELEVANT FOR DETERMINING APPROPRIATE SENTENCE - PRE-SENTENCE REPORTS

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

HURDSMAN & ORS v EKACTRM SOLUTIONS PTY LTD [2018] SASC 112 Supreme Court 10/08/2018

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

ARBITRATION - THE SUBMISSION AND REFERENCE - SUBMISSION AS A DEFENCE AND AS A GROUND FOR STAY OF PROCEEDINGS - STAY OF PROCEEDINGS

IN THE MATTER OF BERNSTEEN PTY LTD (IN LIQ) (NO 2) [2018] SASC 113 Supreme Court 10/08/2018

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - THIRD PARTIES

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

 

JONES v ALESSI & ORS [2018] SASC 110 Supreme Court 10/08/2018

​SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE

R v SHATKU [2018] SASCFC 77 Supreme Court - Court of Criminal Appeal 9/08/2018

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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - IMPORT-EXPORT OFFENCES

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - CONTRITION

D v DIRECTOR OF PUBLIC PROSECUTIONS (CTH) [2018] SASCFC 33 Supreme Court - Full Court 11/05/2018

​CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AND OTHER MATTERS RELATING TO TERRORISM

SU v QI & ORS [2018] SASC 108 Supreme Court 26/07/2018

​EQUITY - EQUITABLE REMEDIES - RESCISSION - BREACH OF FIDUCIARY OBLIGATIONS

VISCARIELLO v TAMASAUSKAS [2018] SASC 111 Supreme Court 7/08/2018

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - CASE MANAGEMENT - OTHER MATTERS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - OTHER MATTERS

R v WAGNER (NO 2) [2018] SASC 109 Supreme Court 3/08/2018

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

R v FAIELLO [2018] SADC 82 District Court 30/07/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE

R v TTIKIROU [2018] SASCFC 76 Supreme Court - Court of Criminal Appeal 27/07/2018

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

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM

ATTORNEY-GENERAL (SA) v MOYLE [2018] SASC 106 Supreme Court 25/07/2018

​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

CLARK & ORS v LESTER & ORS [2018] SASC 107 Supreme Court 26/07/2018

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

R v FARRUGIA [2018] SASCFC 73 Supreme Court - Court of Criminal Appeal 5/07/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING CANNABIS, INDIAN HEMP OR HASHISH

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

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS

IERODIACONOU v POLICE [2018] SASC 105 Supreme Court - Magistrates Appeals 25/07/2018

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

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

R v CASTILLO [2018] SADC 80 District Court 20/03/2018

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

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

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

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

KRUSE v CLARE & GILBERT VALLEYS COUNCIL [2018] SADC 78 District Court 20/07/2018

​TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE

POLICE v HENDERSON [2018] SASC 98 Supreme Court - Magistrates Appeals 19/07/2018

​TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED

EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - PRESUMPTIONS - AS TO SCIENTIFIC INSTRUMENTS

EVIDENCE - PROOF - FACILITATING PROOF - MATTERS RELATING TO MACHINES, PROCESSES AND OTHER DEVICES

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION

 

SANTE WINES PTY LTD v PAXTON WINES PTY LTD [2018] SASC 104 Supreme Court - Magistrates Appeals 19/07/2018

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS - DURATION OF CONTRACT

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS - GENERALLY
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE
ESTOPPEL - ESTOPPEL BY CONDUCT - ACT, OMISSION OR ASSUMPTION - WAIVER
ESTOPPEL - ESTOPPEL BY CONDUCT - ACT, OMISSION OR ASSUMPTION - REPRESENTATION GENERALLY

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

WOODS v COLLINS [2018] SADC 62 District Court 19/06/2018

​TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - PARTICULAR CASES