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
ASC AWD SHIPBUILDER PTY LTD v OTTOWAY ENGINEERING PTY LTD [2017] SASCFC 150 Supreme Court - Full Court 10/11/2017

ARBITRATION - THE AWARD - APPEAL OR JUDICIAL REVIEW - PROCEDURE - APPEALS AND LEAVE TO APPEAL - LEAVE TO APPEAL FROM DECISION OF ARBITRATOR - QUESTION OR ERROR OF LAW

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - IMPLIED TERMS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS - GENERALLY

GROOM v POLICE; GROOM v STATE OF SOUTH AUSTRALIA [2017] SASCFC 161 Supreme Court - Full Court 7/12/2017

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

HART v PAROLE BOARD [2017] SASC 184 Supreme Court 14/12/2017

ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - PARTICULAR CASES

R v GAUCI [2017] SASCFC 166 Supreme Court - Court of Criminal Appeal 13/12/2017

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

MINISTER FOR EDUCATION AND CHILD DEVELOPMENT v M [2017] SASC 181 Supreme Court - Magistrates Appeals 8/12/2017


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

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

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 - OTHER MATTERS

RESCHKE PTY LTD v DIGIORGIO FAMILY WINES PTY LTD [2017] SASC 187 Supreme Court 12/12/2017

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

 

COSENZA v STATE OF SOUTH AUSTRALIA & ANOR [2017] SASC 183 Supreme Court 11/12/2017


ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - FAILURE TO OBSERVE STATUTORY PROCEDURE

ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - GENERALLY

ENVIRONMENT PROTECTION AUTHORITY v SA MORGAN PTY LTD [2017] SASCFC 164 Supreme Court - Full Court 8/12/2017


ENVIRONMENT AND PLANNING - POLLUTION - WATER POLLUTION

ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - CIVIL ENFORCEMENT

ENVIRONMENT AND PLANNING - POLLUTION - GENERAL MATTERS - OTHER STATES AND TERRITORIES

JOHNSON v SYNNEX AUSTRALIA PTY LTD; JOHNSON v LEADER COMPUTERS PTY LTD (NO 2) [2017] SASCFC 165 Supreme Court - Full Court 8/12/2017


APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

REAL PROPERTY - TORRENS TITLE - MORTGAGES, CHARGES AND ENCUMBRANCES - CHARGES AND ENCUMBRANCES

EQUITY - GENERAL PRINCIPLES - EQUITABLE ESTATES AND INTERESTS - GENERALLY - NATURE OF EQUITABLE ESTATES AND INTERESTS

R v HAYLES [2017] SASC 182 Supreme Court 8/12/2017


​CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

LESSES v MARAS (NO 2) [2017] SASCFC 137 Supreme Court - Full Court 20/10/2017

DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL

EVIDENCE - ADMISSIBILITY - EXCLUSIONS: PRIVILEGES - PUBLIC INTEREST PRIVILEGE - SETTLEMENT NEGOTIATIONS

LESSES v MARAS (NO 3) [2017] SASCFC 154 Supreme Court - Full Court 21/11/2017

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - WHERE MONEY PAID INTO COURT OR OFFER OF COMPROMISE MADE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT - PARTIAL SUCCESS

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - DAMAGES RECOVERED SMALL - ACTION WHICH SHOULD HAVE BEEN BROUGHT IN INFERIOR COURT

LESSES v MARAS [2017] SASCFC 48 Supreme Court - Full Court 15/05/2017

​DEFAMATION - ACTIONS FOR DEFAMATION

DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE

DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION

R v P, CM [2017] SADC 137 District Court 7/12/2017
R v BOHNER [2017] SASC 180 Supreme Court 6/12/2017

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

 

ASLIN v POLICE [2017] SASC 179 Supreme Court - Magistrates Appeals 5/12/2017


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

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - GENERALLY

R v JONES [2017] SASCFC 163 Supreme Court - Court of Criminal Appeal 6/12/2017


CRIMINAL LAW - EVIDENCE - CHARACTER AND PRIOR CONVICTIONS - CHARACTER OF WITNESS

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

R v MORRIS [2017] SADC 132 District Court 1/12/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION

R v NEOCLEOUS [2017] SASCFC 162 Supreme Court - Court of Criminal Appeal 5/12/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS

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 - INDECENT ASSAULT AND RELATED OFFENCES - EVIDENCE

LEGAL PROFESSION CONDUCT COMMISSIONER v THOMAS [2017] SASCFC 159 Supreme Court - Full Court 5/12/2017


​PROFESSIONS AND TRADES - LAWYERS - MISCONDUCT, UNFITNESS AND DISCIPLINE - DISCIPLINARY ORDERS - STRIKING OFF AND ANCILLARY ORDERS

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

R v R, GS [2017] SADC 136 District Court 5/12/2017


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

R v WASLEY [2017] SADC 135 District Court 5/12/2017


CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED - DETERMINATION OF ISSUES

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

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

AALBORG CSP A/S v OTTOWAY ENGINEERING PTY LTD [2017] SASCFC 158 Supreme Court - Full Court 1/12/2017


APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - PAYMENT CLAIMS

CORPORATIONS - LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS - SERVICE OF DOCUMENT ON COMPANY

COLANGELO v COMMISSIONER FOR CONSUMER AFFAIRS [2017] SADC 125 District Court 13/11/2017


ADMINISTRATIVE LAW

PROFESSIONS AND TRADES - OTHER PROFESSIONS, TRADES OR CALLINGS - LICENSING OF PARTICULAR TRADES OR CALLINGS

DUTHY HOMES PTY LTD v TINCKNELL & TINCNKELL [2017] SADC 133 District Court 1/12/2017


CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - REMEDIES FOR BREACH OF CONTRACT - DAMAGES

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

R v K, G A [2017] SADC 131 District Court 1/12/2017


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

CRIMINAL LAW - EVIDENCE

R v MAVROPOULOS [2017] SASCFC 160 Supreme Court - Court of Criminal Appeal 4/12/2017


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

SANDY v SA HEALTH (WOMEN'S AND CHILDREN'S NETWORK) (No 2) [2017] SADC 130 District Court 1/12/2017


​ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - EXEMPT DOCUMENTS - DOCUMENTS AFFECTING ENFORCEMENT OR ADMINISTRATION OF THE LAW

SAFEWORK SA v ADELAIDE MOBILE LUNCH SERVICES PTY LTD [2017] SASC 171 Supreme Court 23/11/2017

​INDUSTRIAL LAW - SOUTH AUSTRALIA - REGULATION OF PARTICULAR MATTERS UNDER PARTICULAR LEGISLATION - LONG SERVICE LEAVE - PAYMENT IN LIEU OF LONG SERVICE LEAVE

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v MITCHELL [2017] SASC 172 Supreme Court 23/11/2017

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - CAUSAL RELATION BETWEEN INJURY AND INCAPACITY OR DEATH - INCAPACITY OR DEATH DUE TO TWO CAUSES - GENERAL PRINCIPLES

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v PREEDY [2017] SASC 174 Supreme Court 23/11/2017

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES

ALLIED DISTRIBUTION FINANCE PTY LTD v SAMWISE HOLDINGS PTY LTD [2017] SASC 163 Supreme Court 15/11/2017


PERSONAL PROPERTY - OWNERSHIP AND POSSESSION - POSSESSION

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

ARTHUR J GALLAGHER & CO (AUS) LTD v VASILEFF & ORS [2017] SASC 177 Supreme Court 27/11/2017


PROCEDURE - COSTS

BLONG UME NOMINEES PTY LTD & ORS v SEMWEB NOMINEES PTY LTD & ORS (No 2) [2017] SASC 178 Supreme Court 29/11/2017


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

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - CO-DEFENDANTS

R v MARTIN [2017] SADC 73 District Court 5/07/2017


CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS - IN GENERAL

CRIMINAL LAW - PROCEDURE - POWERS AND DUTIES OF PROSECUTION AS TO CALLING OF WITNESS AND PRESENTING EVIDENCE - GENERALLY

R v TRAN [2017] SADC 128 District Court 23/11/2017


CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - ADJOURNMENT - GROUNDS FOR GRANTING OR REFUSING - ABSENCE OF MATERIAL WITNESS

AMACA PTY LTD (UNDER NSW ADMINISTERED WINDING UP) (ACN 000 035 512) v PFEIFFER & ORS [2017] SASCFC 157 Supreme Court - Full Court 28/11/2017


TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES

BENNIE v THE PUBLIC TRUSTEE & ORS [2017] SASC 175 Supreme Court 22/11/2017

PROCEDURE - COSTS - SECURITY FOR COSTS - POVERTY

JEANETTE WOO v SA DENTAL SERVICE [2017] SADC 129 District Court 26/10/2017

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW

CORFIELD v POLICE [2017] SASC 170 Supreme Court - Magistrates Appeals 23/11/2017

​CRIMINAL LAW - PROCEDURE - POWERS AND DUTIES OF PROSECUTION AS TO CALLING OF WITNESS AND PRESENTING EVIDENCE - GENERALLY

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF PROSECUTOR OR PROSECUTION

MUNN v POLICE [2017] SASC 173 Supreme Court - Magistrates Appeals 23/11/2017

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

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - OTHER MATTERS

 

R v HEINZE [2017] SASCFC 155 Supreme Court - Court of Criminal Appeal 23/11/2017

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

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

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

SUNLIGHT NOMINEES PTY LTD v ZOTTI & ZOTTI [2017] SASC 176 Supreme Court - Magistrates Appeals 22/11/2017

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH

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

AQUA MAX WATER FILTRATION SOLUTIONS PTY LTD v HURTADO [2017] SASC 165 Supreme Court 15/11/2017


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

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - CASES OTHER THAN UNDER CROSS-VESTING LEGISLATION

COMMISSIONER FOR CONSUMER AFFAIRS v LUKELEO PTY LTD [2017] SASC 168 Supreme Court 17/11/2017


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 - INJUNCTIONS

VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER (NO 2) [2017] SASCFC 152 Supreme Court - Full Court 22/11/2017


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

MCDOUGALL v CITY OF PLAYFORD [2017] SASC 169 Supreme Court - Magistrates Appeals 17/11/2017


​TRAFFIC LAW - TRAFFIC REGULATION - RESTRICTIONS ON STOPPING AND PARKING - OTHER PLACES WHERE STOPPING IS RESTRICTED

LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - OFFENCES AND PENALTIES - POWER TO PROSECUTE

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

R v BOL [2017] SASCFC 148 Supreme Court - Court of Criminal Appeal 18/10/2017


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

R v SCUTERI [2017] SADC 126 District Court 17/11/2017


CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - WITHDRAWAL AND RESTORATION OF PLEA

STOKES v RAGLESS [2017] SASC 159 Supreme Court 10/11/2017


DEFAMATION - PUBLICATION - GENERALLY - INTERNET PUBLICATIONS

DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION - CRIMINAL

DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE

DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - REBUTTAL OF PRIVILEGE BY MALICE

DEFAMATION - JUSTIFICATION - TRUTH

DEFAMATION - INJUNCTIONS

R v DAVEY [2017] SASCFC 151 Supreme Court - Court of Criminal Appeal 16/11/2017

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

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

 

R v SMITH [2017] SASCFC 153 Supreme Court - Court of Criminal Appeal 16/11/2017

​CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE

CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING - GENERALLY

 

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - APPLICATION OF PROVISO TO PARTICULAR CASES

 

R v TAYLOR [2017] SASC 167 Supreme Court 16/11/2017

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ARSON AND LIKE OFFENCES

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

RADIS v POLICE [2017] SASC 166 Supreme Court - Magistrates Appeals 9/11/2017

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS

ATTORNEY-GENERAL (SA) v KELLY [2017] SASC 164 Supreme Court 15/11/2017


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

BROOKS & ANOR v YOUNG & ORS [2017] SASC 162 Supreme Court 14/11/2017


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

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

MANDEVILLE v BETTER LENDING P/L AND ANOR (No 3) [2017] SADC 124 District Court 10/11/2017


PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - CONCURRENT JURISDICTION OF DIFFERENT COURTS

SB, MF v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ANOR [2017] SASC 161 Supreme Court 10/11/2017


​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 - OTHER MATTERS

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v WATKINS [2017] SASCFC 149 Supreme Court - Full Court 10/11/2017

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - INJURY, DISEASE OR DISABILITY - OTHER MATTERS

WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - DISCONTINUATION OF PAYMENTS

LINDA VERA FRENCKEN (DECEASED) [2017] SASC 160 Supreme Court 9/11/2017

​SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DESTRUCTION OR MUTILATION, OR STRIKING OUT PORTIONS - GENERALLY

MCDONALD & ANOR v THE STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v THE MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ORS [2017] SASCFC 146 Supreme Court - Full Court 2/11/2017

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - DISCLOSING NO REASONABLE CAUSE OF ACTION OR DEFENCE

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - OTHERWISE ABUSE OF PROCESS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - EMBARRASSING, TENDENCY

 

N, A-B v V, AM [2017] SASCFC 147 Supreme Court - Full Court 8/11/2017

​FAMILY LAW AND CHILD WELFARE - DE FACTO AND OTHER RELATIONSHIPS UNDER STATE LEGISLATION - ADJUSTMENT OF PROPERTY INTERESTS - RELEVANT CONSIDERATIONS

DICKINSON & ANOR v GRIBBLE & ANOR [2017] SADC 123 District Court 7/11/2017


​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES

BOSNAKIS & ANOR v VALUER-GENERAL [2017] SASC 158 Supreme Court 3/11/2017

​REAL PROPERTY - VALUATION OF LAND - METHODS OF VALUATION - OTHER CONSIDERATIONS

REAL PROPERTY - VALUATION OF LAND - UNIMPROVED VALUE - ALLOWANCES FOR IMPROVEMENTS
REAL PROPERTY - VALUATION OF LAND - OBJECTIONS AND APPEALS - SOUTH AUSTRALIA

R v CROMBIE [2017] SADC 122 District Court 24/08/2017

​CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - OTHER VISUAL IDENTIFICATION

 

TAKHAR v SROA [2017] SADC 110 District Court 29/09/2017

​DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL

AMACA PTY LTD v LATZ [2017] SASCFC 145 Supreme Court - Full Court 30/10/2017

​DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - GENERAL PRINCIPLES

WORKERS' COMPENSATION - WORKERS' COMPENSATION LEGISLATION FOR PARTICULAR INDUSTRIES AND DISEASES - DUST DISEASES - DAMAGES

R v MARSHALL [2017] SASC 157 Supreme Court 2/11/2017

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

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

R v WILLIAMS [2017] SADC 121 District Court 13/09/2017

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

 

R v RUZEHAJI (No 2) [2017] SADC 119 District Court 31/10/2017


CRIMINAL LAW

VERMEY v POLICE [2017] SASC 156 Supreme Court - Magistrates Appeals 1/11/2017


MAGISTRATES - ORDERS AND CONVICTIONS - SENTENCE - FINES - OTHER MATTERS

R, J [2017] SASC 153 Supreme Court 31/10/2017


SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - LOSS OR LACK OF CAPACITY AND STATUTORY WILLS

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA v GATES [2017] SASC 154 Supreme Court 27/10/2017


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

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

BEDIAVAS v DEVELOPMENT ASSESSMENT COMMISSION (No 2) [2017] SASCFC 142 Supreme Court - Full Court 26/10/2017

​ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - APPLICATIONS

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

 

DE ROSE v FMP GROUP (AUST) P/L & ORS [2017] SADC 117 District Court 26/10/2017


PROCEDURE

L & ANOR v STATE OF SOUTH AUSTRALIA; H-P v STATE OF SOUTH AUSTRALIA [2017] SASCFC 133 Supreme Court - Full Court 12/10/2017


ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY

ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS

ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - GENERALLY

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - GENERALLY

QUALITY ROOFING SERVICES P/L v MCINTYRE & ANOR [2017] SADC 118 District Court 26/10/2017

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES - FAILURE IN PORTION OF A CASE

R v CHIRO [2017] SASCFC 144 Supreme Court - Court of Criminal Appeal 30/10/2017

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

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

R v HRONOPOULOS [2017] SASCFC 143 Supreme Court - Court of Criminal Appeal 30/10/2017


CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - MENTAL DISORDER

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

R v SUMMERS [2017] SASCFC 141 Supreme Court - Court of Criminal Appeal 27/10/2017


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

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

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

COASTAL ECOLOGY PROTECTION GROUP INC & ORS v CITY OF CHARLES STURT (NO 2) [2017] SASC 152 Supreme Court 26/10/2017

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

COSENZA v ORIGIN ENERGY LIMITED [2017] SASC 145 Supreme Court - Magistrates Appeals 12/10/2017

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

PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT

TORTS - TRESPASS - TRESPASS TO LAND AND RIGHTS OF REAL PROPERTY - WHAT CONSTITUTES TRESPASS AND DEFENCES THERETO

POL v POLICE [2017] SASC 155 Supreme Court - Magistrates Appeals 27/10/2017

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

R v LYBEROPOULOS [2017] SASCFC 139 Supreme Court - Court of Criminal Appeal 27/10/2017

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

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

R v CUNNINGHAM (No 2) [2017] SASCFC 136 Supreme Court - Court of Criminal Appeal 26/10/2017

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

 

R v GIBBS [2017] SASCFC 140 Supreme Court - Court of Criminal Appeal 26/10/2017

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

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

 

STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 Supreme Court - Full Court 26/10/2017

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

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

TORTS - NEGLIGENCE - PROOF OF NEGLIGENCE - ONUS OF PROOF

 

POLICE v GARNETT [2017] SASC 125 Supreme Court - Magistrates Appeals 30/08/2017


MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - THE HEARING - TRIVIAL OFFENCES OR EXTENUATING CIRCUMSTANCES - WHAT CONSTITUTES TRIFLING OFFENCE

R v KNIBBS [2017] SADC 115 District Court 20/10/2017

​CRIMINAL LAW

RESCHKE PTY LTD v DIGIORGIO FAMILY WINES PTY LTD [2017] SASC 148 Supreme Court 20/10/2017


CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - STATUTORY DEMAND - APPLICATION TO SET ASIDE DEMAND - GENUINE DISPUTE AS TO INDEBTEDNESS - ASSESSING GENUINENESS - GENERALLY

POLICE v DENG [2017] SASC 151 Supreme Court - Magistrates Appeals 20/10/2017

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

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - OFFENCES - DRIVING WHILE DISQUALIFIED

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS

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

R v C, PT [2017] SADC 113 District Court 19/10/2017

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

ATTORNEY-GENERAL (SA) v WELLS [2017] SASC 149 Supreme Court 18/10/2017

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

FRANCES JANE O'GRADY (DECEASED) [2017] SASC 150 Supreme Court 19/10/2017

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - CHANGING, TRANSPOSING, OMITTING OR SUPPLYING WORDS - OMITTING WORDS

 

R v FLEMING; R v MAHER [2017] SASCFC 135 Supreme Court - Court of Criminal Appeal 19/10/2017

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

CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE - PROOF OF GUILTY KNOWLEDGE

BARKER MORTGAGES P/L v CHEETHAM [2017] SADC 114 District Court 17/10/2017

REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - DECLARATIONS - APPROPRIATE FORM OF RELIEF - DISCRETION OF COURT