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
BERTIi v POLICE [2014] SASC 160 Supreme Court - Magistrates Appeals 28/10/2014

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - OTHER MATTERS

 

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

 

CHANNEL NINE SA PTY LTD & ANOR v POLICE & ANOR (NO 2) [2014] SASCFC 119 Supreme Court - Full Court 30/10/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - PUBLIC DUTY INVOLVED
CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS

R v C, M [2014] SASCFC 116 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
EVIDENCE - GENERAL - RESPECTIVE FUNCTIONS OF JUDGE AND JURY - SUFFICIENCY OF EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - DIRECTION TO JURY

R v LEVY [2014] SASCFC 114 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - WHAT CONSTITUTES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - OF EQUIPMENT AND IMPLEMENTS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - PRESUMPTION OF POSSESSION BY OCCUPIER

R v MOORE-MCQUILLAN [2014] SASCFC 113 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CONDUCT - THREATS
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF PROSECUTOR OR PROSECUTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW

R v TAYLOR [2014] SASCFC 112 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - OTHER MATTERS
CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

MCFARLANE v POLICE [2014] SASCFC 111 Supreme Court - Full Court 29/10/2014

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - GENERALLY
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FURTHER EVIDENCE - IN GENERAL

 

MOLINARA v PERRE BROS LOCK 4 PTY LTD [2014] SASCFC 115 Supreme Court - Full Court 30/10/2014

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - PROOF AND EVIDENCE
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - EXCESSIVE OR INADEQUATE DAMAGES - EXCESSIVE DAMAGES
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS - CHARACTER OR ATTRIBUTES OF CONDUCT OR REPRESENTATION - SILENCE AND NON-DISCLOSURE
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - ENFORCEMENT AND REMEDIES - ACTIONS FOR DAMAGES - ASSESSMENT OR AVAILABILITY OF DAMAGES - BASIS UPON WHICH DAMAGES ASSESSED

ELTON v PUBLIC TRUSTEE [2014] SASC 149 Supreme Court 14/10/2014

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - WHEN LOST, MISLAID, DESTROYED OR NOT AVAILABLE
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - GENERALLY
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION
SUCCESSION - MAKING OF A WILL - EXECUTION

GOLDEDGE HOLDINGS PTY LTD v LIQUOR AND GAMBLING COMMISSIONER & ANOR [2014] SASC 147 Supreme Court 8/10/2014

​GAMING AND LIQUOR - GAMBLING REGULATION AND OFFENCES - GAMING MACHINES
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - TRANSFERS - SPECIAL TRANSFER TO LANDLORD OR NOMINEE
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - TRANSFERS - GENERALLY

R v B, GN [2014] SASCFC 109 Supreme Court - Court of Criminal Appeal 27/10/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS - IN GENERAL

R v MCPHEE [2014] SASCFC 107 Supreme Court - Court of Criminal Appeal 27/10/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - MISAPPROPRIATION - FRAUDULENT CONVERSION BY PERSONS ENTRUSTED WITH PROPERTY - SENTENCE
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 - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY

R v SLAVEN [2014] SASCFC 108 Supreme Court - Court of Criminal Appeal 27/10/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - PARITY BETWEEN CO-OFFENDERS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING CANNABIS, INDIAN HEMP OR HASHISH

R v TANCOCK [2014] SASCFC 110 Supreme Court - Court of Criminal Appeal 27/10/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - TEST TO BE APPLIED
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE

AUSFERT PTY LTD & ANOR v SUPERFERT DONGBU PTY LTD & ANOR [2014] SASC 157 Supreme Court 24/10/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION - WHERE APPROPRIATE AND IN INTERESTS OF JUSTICE - GENERALLY

COMMUNITY CORPORATION 21561 & ANOR v PIER APARTMENT HOTEL PTY LTD & ORS (No 5) [2014] SADC 175 District Court 17/10/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - OTHER MATTERS

R v EDWARDS [2014] SADC 174 District Court 24/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - WOUNDING OR SHOOTING OFFENCES - SHOOTING
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE

NOBLE v POLICE [2014] SASC 156 Supreme Court - Magistrates Appeals 22/10/2014

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT

HARRADINE v POLICE [2014] SASC 154 Supreme Court - Magistrates Appeals 20/10/2014

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING WITH PRESCRIBED CONCENTRATION OF ALCOHOL IN BLOOD - GENERALLY
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - EVIDENCE - BREATH TEST AND ANALYSIS
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - EVIDENCE - STATUTORY PRESUMPTION
POLICE - INTERNAL ADMINISTRATION - DELEGATION OF POWERS

ROBINSON v POLICE [2014] SASC 155 Supreme Court - Magistrates Appeals 20/10/2014

​FIRE, EXPLOSIVES AND FIREARMS - OFFENCES UNDER LEGISLATION DEALING WITH FIRES
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  - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS

R v HACKETT [2014] SADC 173 District Court 17/10/2014

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

ETTRIDGE v WORKCOVER CORPORATION [2014] SASC 153 Supreme Court 16/10/2014

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

POLICE v FRUNKS [2014] SASC 151 Supreme Court - Magistrates Appeals 16/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES
EVIDENCE - AFFIDAVITS AND STATUTORY DECLARATIONS - STATUTORY DECLARATIONS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
EVIDENCE - DOCUMENTARY EVIDENCE - STATUTORY PROVISIONS AS TO STATEMENTS IN DOCUMENTS WHERE DIRECT ORAL EVIDENCE ADMISSIBLE - WHERE MAKER OF STATEMENT NOT ATTENDING AS WITNESS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

TAYLOR v POLICE [2014] SASC 152 Supreme Court - Magistrates Appeals 16/10/2014

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

MAGISTRATES - HEARING - EVIDENCE
EVIDENCE - WITNESSES - IN GENERAL
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v COLEMAN (No 2) [2014] SADC 168 District Court 19/09/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - ENTERING AS TRESPASSER OR WITH INTENT OR BEING FOUND WITH INTENT
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF

RUTH v CRAIG & CRAIG [2014] SADC 172 District Court 24/09/2014

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

BAMPTON v VITERRA LIMITED [2014] SADC 170 District Court 10/10/2014

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - ELECTION AND RESCISSION - GENERALLY
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - REDUNDANCY
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - REMEDIES - AGAINST EMPLOYER
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - TERMINATION BY OR AT INSTANCE OF EMPLOYEE
EMPLOYMENT LAW - THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE

SMITH & ORS [2014] SADC 171 District Court 2/10/2014

​LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - STAFF, OFFICERS AND SERVANTS - REINSTATEMENT
LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - STAFF, OFFICERS AND SERVANTS - FINANCIAL ARRANGEMENTS - SUPERANNUATION

MCFARLANE v THE STATE OF SOUTH AUSTRALIA [2014] SADC 160 District Court 5/09/2014

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - GOVERNMENT AND PUBLIC AUTHORITIES

WESTWILL & ANOR v HEATH & ANOR [2014] SASC 150 Supreme Court 9/10/2014

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

ESSENTIAL BEAUTY FRANCHISING (WA) PTY LTD AND ORS v PILTON HOLDINGS PTY LTD AND ORS [2014] SASC 141 Supreme Court 23/09/2014

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

JD & KJ ZOHS PROPERTIES PTY LTD v FERME & ANOR [2014] SASC 146 Supreme Court 26/09/2014

EQUITY - TRUSTS AND TRUSTEES - VESTING ORDERS, CONVEYANCES AND TRANSFERS

REAL PROPERTY - GENERAL PRINCIPLES - OTHER MATTERS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT

ESSENTIAL BEAUTY FRANCHISING (WA) PTY LTD & ORS v PILTON HOLDINGS PTY LTD & ORS (No 3) [2014] SASC 148 Supreme Court 7/10/2014

PROCEDURE - JUDGMENTS AND ORDERS - ENFORCEMENT OF JUDGMENTS AND ORDERS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

CLAVELL v POLICE [2014] SASC 142 Supreme Court - Magistrates Appeals 24/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE - OTHER OFFENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY

R v HARVEY (No 2) [2014] SASCFC 106 Supreme Court - Court of Criminal Appeal 29/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE

FLEMING v ADVERTISER-NEWS WEEKEND PUBLISHING COMPANY PTY LTD & ANOR [2014] SASC 145 Supreme Court 26/09/2014

DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL
EVIDENCE - COURSE OF EVIDENCE AND ADDRESSES - COURSE OF EVIDENCE

HUYNH v COMMONWEALTH SERVICES DELIVERY AGENCY [2014] SASC 143 Supreme Court - Magistrates Appeals 25/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE GOVERNMENT - DEFRAUDING THE COMMONWEALTH
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - OF COUNTS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v CLARK [2014] SASCFC 104 Supreme Court - Court of Criminal Appeal 24/09/2014

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OTHERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE

R v HARVEY [2014] SASCFC 105 Supreme Court - Court of Criminal Appeal 18/09/2014

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - OTHER MATTERS

SOUTHERN WASTE RESOURCECO PTY LTD v ADELAIDE HILLS REGION WASTE MANAGEMENT AUTHORITY [2014] SASC 140 Supreme Court 23/09/2014

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

ARTCRAFT PTY LTD & ANOR v DICKSON & ANOR (No 2) [2014] SASC 144 Supreme Court 24/09/2014

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

KOWALSKI v R J COLE & PARTNERS [2014] SASC 137 Supreme Court 23/09/2014

PROCEDURE - COSTS - TAXATION
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - RULES OF COURT
PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS

R v COTTON [2014] SADC 164 District Court 24/09/2014

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

R v H, G J [2014] SASCFC 102 Supreme Court - Court of Criminal Appeal 24/09/2014

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
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 THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - INDECENT ASSAULT AND RELATED OFFENCES

R v JACKSON [2014] SASCFC 101 Supreme Court - Full Court 24/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - CONSENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

R v WESTWOOD [2014] SASC 139 Supreme Court 23/09/2014

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

KNIGHT FRANK AUSTRALIA PTY LTD & ANOR v PALEY PROPERTIES PTY LTD & ORS [2014] SASCFC 103 Supreme Court - Full Court 22/09/2014

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - THIRD PARTIES
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES - MISCONDUCT, ETC - GENERALLY
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

GARRETT v MULLINS-TRNOVSKY [2014] SASC 138 Supreme Court 19/09/2014

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - GENERALLY
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - CIRCUMSTANCES - OTHER CASES

GLOUFTSIS v POLICE [2014] SASC 136 Supreme Court - Magistrates Appeals 19/09/2014

CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTATION - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS

CRIMINAL LAW - PROCEDURE - VERDICT - ALTERNATIVE VERDICTS

MCLEAN v DID PILING PTY LTD & ORS (No 2) [2014] SASC 135 Supreme Court 18/09/2014

PROCEDURE - COSTS

MERICKA v EMPLOYERS MUTUAL/WORKCOVER CORPORATION (POLLARD BROTHERS PTY LTD) [2014] SASCFC 99 Supreme Court - Full Court 16/09/2014

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - GENERALLY
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - ENTITLEMENTS REDEEMED OR COMMUTED TO A LUMP SUM - GENERALLY
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR CLASSES OF ACT - REMEDIAL OR BENEFICIAL ACTS OR PROVISIONS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - GENERALLY

 

ALLEN v CHADWICK [2014] SASCFC 100 Supreme Court - Full Court 16/09/2014

TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - GENERALLY
TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - ACTIONS FOR NEGLIGENCE - APPORTIONMENT OF DAMAGES - SEAT BELTS
TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - PARTICULAR CASES - ROAD ACCIDENT CASES
TORTS - NEGLIGENCE - INJURIES TO PASSENGERS - DEFENCES OF VOLENTI NON FIT INJURIA, NO BREACH OF DUTY, AND CONTRIBUTORY NEGLIGENCE - GENERALLY
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - GENERAL PRINCIPLES
DAMAGES - PARTICULAR AWARDS OF GENERAL DAMAGES - SOUTH AUSTRALIA - AWARDS IN RESPECT OF MOTOR ACCIDENTS OCCURRING AFTER 7 FEBRUARY 1987
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - NON-PECUNIARY DAMAGE - IN GENERAL

NASH v FIELD [2014] SADC 161 District Court 17/09/2014

MAGISTRATES
PROCEDURE - JUDGMENTS AND ORDERS - IN GENERAL​

STACHOR v POLICE [2014] SASC 126 Supreme Court - Magistrates Appeals 16/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCE DURING UNEXPIRED SENTENCE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - DISCRETION TO REFRAIN FROM FIXING

REA COSTELLO (DECEASED) [2014] SASC 134 Supreme Court 16/09/2014

SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - MISTAKES AND OMISSIONS
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - WHERE UNCERTAINTY - AS TO PERSON OR OBJECT
SUCCESSION - MAKING OF A WILL - STATUTORY POWER OF RECTIFICATION

ANWAR v MONDELLO FARMS PTY LTD (No 2) [2014] SADC 155 District Court 10/09/2014

DAMAGES - GENERAL PRINCIPLES - RECOVERY OF COSTS​

R v SMITH [2014] SASCFC 98 Supreme Court - Court of Criminal Appeal 10/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - BREACH OF CONDITIONS OF SUSPENSION AND SENTENCE FOLLOWING BREACH
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM

CONWAY AND ANOR v MILBURN AND ORS [2014] SADC 158 District Court 10/09/2014

EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE - DEFENCES - FROM NATURE OF CONTRACT - WHERE CONSENT OF THIRD PARTY NECESSARY FOR COMPLETION OF CONTRACT
EQUITY - GENERAL PRINCIPLES - EQUITABLE DEFENCES - LACHES AND DELAY

NORTON v BLIGHT (NO 2) [2014] SADC 28 District Court 17/01/2014

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

R v CEKIC; R v DETTMAN; R v NIEMANN [2014] SASC 132 Supreme Court 10/09/2014

CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL​

R v M, AM [2014] SADC 159 District Court 8/09/2014

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

R v PHAM [2014] SASCFC 95 Supreme Court - Court of Criminal Appeal 10/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - FAILURE TO EXERCISE DISCRETION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OTHERS

R v SCALZI [2014] SASC 133 Supreme Court 10/09/2014

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

R v WILTON [2014] SASCFC 96 Supreme Court - Court of Criminal Appeal 10/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - TEST TO BE APPLIED
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE

COCCA v SALKELD (No 2) [2014] SADC 157 District Court 5/09/2014

WORKERS' COMPENSATION​

R v CLUSE [2014] SASCFC 97 Supreme Court - Court of Criminal Appeal 9/09/2014

EVIDENCE - ADMISSIBILITY AND RELEVANCY - OPINION EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - GENERAL PRINCIPLES

GUPTA v CONSTRUCTION SERVICES AUSTRALIA PTY LTD [2014] SASCFC 94 Supreme Court - Full Court 2/09/2014

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - IN GENERAL
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - GENERALLY

POLICE v DIANO [2014] SASC 128 Supreme Court - Magistrates Appeals 5/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - GENERALLY
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

POLICE v FARAGUE [2014] SASC 129 Supreme Court - Magistrates Appeals 5/09/2014

TRAFFIC LAW - TRAFFIC REGULATION - LIGHTS AND WARNING DEVICES
MAGISTRATES - HEARING - NON-APPEARANCE OF ACCUSED AND EX PARTE PROCEEDINGS
MAGISTRATES - ORDERS AND CONVICTIONS - SETTING ASIDE OR AMENDMENT OF ORDERS OR CONVICTIONS - ORDERS - SETTING ASIDE EX PARTE ORDERS
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - THE HEARING - GENERAL MATTERS - RELEVANT PRINCIPLES, JURISDICTION AND POWERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

POLICE v KOSTOFF [2014] SASC 130 Supreme Court - Magistrates Appeals 5/09/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - REGISTRATION AND LICENSING OF PRIVATE VEHICLES

POLICE v SIAOSI [2014] SASC 131 Supreme Court - Magistrates Appeals 5/09/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS - PARTICULAR ORDERS - APPREHENDED VIOLENCE ORDERS

R v POWELL [2014] SASC 127 Supreme Court 5/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE

ANWAR v MONDELLO FARMS PTY LTD [2014] SADC 105 District Court 13/06/2014

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DAMAGE - CAUSATION

 

BRENNAN v RIJICACH PTY LTD & HICKEY [2014] SADC 153 District Court 5/09/2014

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES
DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL
INTELLECTUAL PROPERTY - CONFIDENTIAL INFORMATION - GENERALLY

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v BRIDGART [2014] SASC 112 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v BROWN [2014] SASC 113 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v DANIELS [2014] SASC 114 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v WING [2014] SASC 115 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

LITCHFIELD v CHIEF EXECUTIVE, DEPARTMENT OF MANUFACTURING, INNOVATION, TRADE, RESOURCES AND ENERGY (NO 2) [2014] SASCFC 69 Supreme Court - Full Court 4/07/2014

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

MOORE STEPHENS ADELAIDE PTY LTD v WYKA CONSULTING PTY LTD & ANOR (NO 2) [2014] SADC 154 District Court 4/09/2014

TRADE AND COMMERCE - TRADE AND COMMERCE GENERALLY - RESTRAINT OF TRADE - RESTRAINT BY AGREEMENT - CONSTRUCTION OF AGREEMENTS IN RESTRAINT OF TRADE

TESTEL AUSTRALIA PTY LTD v KRG ELECTRICS PTY LTD & ANOR [2014] SASC 119 Supreme Court - Full Court 28/08/2014

PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - POWER OF COURT TO PUNISH FOR CONTEMPT - IN GENERAL
PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - POWER OF COURT TO PUNISH FOR CONTEMPT - SUPREME COURT
PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - CONTEMPT - WHAT CONSTITUTES - DISOBEDIENCE OF ORDERS OF COURT - INJUNCTIONS

YORK CIVIL PTY LTD v COLEMAN RAIL PTY LTD [2014] SASC 122 Supreme Court 1/09/2014

EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE - JURISDICTION AND AVAILABILITY - GENERAL PRINCIPLES

BONOMI v BONOMI [2014] SASC 121 Supreme Court 26/08/2014

REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL - OTHER MATTERS

DOWKER & ANOR v PRIME PROPERTY GROUP SA PTY LTD & ANOR [2014] SADC 152 District Court 14/08/2014

ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION - SURROUNDING CIRCUMSTANCES
LANDLORD AND TENANT - TERMINATION OF THE TENANCY - GENERALLY

MCDONALD v STATE OF SA [2014] SASC 120 Supreme Court 27/08/2014

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - OTHER MATTERS ARISING BEFORE TRIAL

R v CEKIC, NIEMANN & DETTMANN (No 2) [2014] SADC 143 District Court 21/08/2014

CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - OTHER CASES

 

R v T, SA [2014] SASCFC 93 Supreme Court - Court of Criminal Appeal 22/08/2014

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