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
GIANNI & ANOR v BETTIO & ANOR [2020] SADC 71 District Court 10/06/2020

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - PARTICULARS - FURTHER AND BETTER

WARREN v DISTRICT COUNCIL OF THE LOWER EYRE PENINSULA [2020] SADC 87 District Court 3/07/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SEPARATE DECISION OR DETERMINATION OF QUESTIONS AND CONSOLIDATION OF PROCEEDINGS - SEPARATE DECISION OR DETERMINATION - OF LIABILITY AND DAMAGES

ATTORNEY-GENERAL (SA) v DRION [2020] SASC 120 Supreme Court 1/07/2020

​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

ATTORNEY-GENERAL (SA) v HUMES [2020] SASC 123 Supreme Court 3/07/2020

​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

ATTORNEY-GENERAL (SA) v HUMES [2020] SASC 123 Supreme Court 3/07/2020

​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

DUNCAN AS LIQUIDATOR OF WDR IRON ORE PTY LTD (IN LIQUIDATION) v SMA INDUSTRIES PTY LTD (No 2) [2020] SASC 127 Supreme Court 7/07/2020

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

K, A v PUBLIC TRUSTEE [2020] SASC 125 Supreme Court 3/07/2020

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

MCLACHLAN & SOUTH OZZ SHELTER v HAMILTON [2020] SASC 126 Supreme Court 7/07/2020

​CHARITIES - ADMINISTRATION AND CONTROL BY COURT - PARTIES - OTHER PARTIES - RIGHTS - TO BRING PROCEEDINGS
CHARITIES - ADMINISTRATION AND CONTROL BY COURT - PARTIES - ATTORNEY-GENERAL - WHEN NECESSARY OR PROPER PARTY
CHARITIES - CHARITABLE PURPOSES - OTHER PURPOSES BENEFICIAL TO PUBLIC - GIFT FOR ANIMAL WELFARE

DIAKOU NOMINEES PTY LTD v GOUGER STREET PTY LTD & ANOR; GOUGER STREET PTY LTD v DIAKOU NOMINEES PTY LTD [2020] SASC 124 Supreme Court 3/07/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS

R v BLUNDELL [2020] SADC 85 District Court 3/07/2020

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

PUBLIC TRUSTEE v TAYLOR & ORS [2020] SASC 122 Supreme Court 2/07/2020

​SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - MATTERS RELATING TO BENEFICIARIES - PRESUMPTION OF DEATH AND SURVIVORSHIP
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - WHAT INTEREST PASSES - JOINT TENANCY AND TENANCY IN COMMON - JOINT TENANCY
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - TESTAMENTARY DISPOSITIONS GENERALLY - WHAT PROPERTY TRANSFERABLE BY WILL

CORE-FORM P/L v PAJO PROJECTS P/L & ANOR [2020] SADC 80 District Court 29/06/2020

​INDUSTRIAL LAW - SOUTH AUSTRALIA - REGULATION OF PARTICULAR MATTERS UNDER PARTICULAR STATUTES - WORKMEN'S LIENS - ENFORCEMENT
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL - OTHER MATTERS
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - REMEDIES FOR BREACH OF CONTRACT

DISTRICT COUNCIL OF COOBER PEDY v NAUMOVIC [2020] SASC 79 Supreme Court 13/05/2020

​COURTS AND JUDGES - CONTEMPT - PARTICULAR CONTEMPTS - DISOBEDIENCE OF ORDERS OF COURT - INJUNCTIONS
COURTS AND JUDGES - CONTEMPT - PARTICULAR CONTEMPTS - DISOBEDIENCE OF ORDERS OF COURT - ORDERS RELATING TO DOCUMENTS
CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - CREATION OF RELATIONSHIP OF AGENCY - FORMATION AND PROOF OF AGENCY - AGENCY CREATED BY OTHER MEANS

LIQUIDATORS OF UUB PTY LTD & ANOR v NWO & ANOR [2020] SASC 121 Supreme Court 1/07/2020

​FAMILY LAW AND CHILD WELFARE - THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION - JURISDICTION - EFFECT OF CROSS-VESTING LEGISLATION - PARTICULAR CASES - WHEN TRANSFER REFUSED
COURTS AND JUDGES - COURTS - JURISDICTION AND POWERS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION
CORPORATIONS - WINDING UP - LIQUIDATORS - DUTIES AND LIABILITIES - IN VOLUNTARY WINDING UP

ROB SINCLAIR EQUIPMENT RENTAL P/L v REDLINE TRANSPORT AUST P/L & ANOR [2020] SADC 81 District Court 29/06/2020

​EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - INJUNCTIONS TO PRESERVE STATUS QUO AND PROPERTY PENDING DETERMINATION OF RIGHTS
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - EX PARTE APPLICATIONS

CHATTAWAY v MINISTER FOR HEALTH AND WELLBEING & ORS [2020] SASCFC 63 Supreme Court - Full Court 1/07/2020

​STATUTES - ACTS OF PARLIAMENT - STATUTORY POWERS AND DUTIES - EXERCISE - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - DISTINCTION BETWEEN ADMINISTRATIVE AND JUDICIAL FUNCTIONS
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - HABEAS CORPUS - APPROPRIATENESS OF REMEDY - WHETHER HABEAS CORPUS OR APPEAL APPROPRIATE

COMMISSIONER OF POLICE & ANOR v NO RESPONDENT; COMMISSIONER OF POLICE & ANOR v CORONERS COURT OF SOUTH AUSTRALIA [2020] SASCFC 64 Supreme Court - Full Court 1/07/2020

​MAGISTRATES - CORONERS - INQUESTS AND INQUIRIES - OTHER MATTERS
MAGISTRATES - CORONERS - CORONERS, CORONIAL OFFICERS AND CORONER'S COURT - POWERS, DUTIES AND FUNCTIONS GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - FAILURE TO OBSERVE STATUTORY PROCEDURE
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - STANDING TO INSTITUTE PROCEEDINGS - PARTICULAR CASES
ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION - DECLARATIONS

BRK v POLICE [2020] SASC 116 Supreme Court 26/06/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

MCDONALD v STATE OF SOUTH AUSTRALIA [2020] SASC 112 Supreme Court 26/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - REGULATED COSTS: GROSS OR FIXED COSTS, LUMP SUM ORDERS OR CAPPING ORDERS AND LIKE MATTERS

R v WATKINS [2020] SADC 79 District Court 25/06/2020

​CRIMINAL LAW

TAKHAR v COMMISSIONER OF STATE TAXATION [2020] SASC 119 Supreme Court 30/06/2020

​TAXES AND DUTIES - LAND TAX - OBJECTIONS AND APPEALS
TAXES AND DUTIES - LAND TAX - EXEMPTIONS - PRIMARY PRODUCTION LAND

AGOSTINO v PIETROBON & ANOR [2020] SASC 117 Supreme Court 26/06/2020

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - WHERE SEVERAL INSTRUMENTS - GRANT OF SINGLE PROBATE - PARTICULAR CASES
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - KNOWLEDGE AND APPROVAL OF CONTENTS  - EVIDENCE - CIRCUMSTANCES AROUSING SUSPICION
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - EVIDENCE - ONUS OF PROOF

PIAZZA & ANOR v STRATA CORPORATION 10147 INC & ANOR (No 2) [2020] SASCFC 62 Supreme Court - Full Court 1/07/2020

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - DECLARATIONS

BENDIGO AND ADELAIDE BANK LIMITED v BRACKENRIDGE [2020] SASC 114 Supreme Court 24/06/2020

​MORTGAGES - ESTATE, RIGHTS AND LIABILITIES OF MORTGAGOR AND MORTGAGEE - POSSESSION
GUARANTEE AND INDEMNITY - ENFORCEMENT OF GUARANTEE AND RELATED MATTERS
BANKING AND FINANCE - BANKS - DUTIES OF BANKS - OTHER MATTERS

GRANT v THE QUEEN [2020] SASCFC 61 Supreme Court - Court of Criminal Appeal 26/06/2020

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

PENHALL v THE QUEEN [2020] SASCFC 58 Supreme Court - Court of Criminal Appeal 26/06/2020

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

POLICE v CARLETTI [2020] SASC 118 Supreme Court 26/06/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - OTHER MATTERS
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - OFFENCES - DRIVING WHILE DISQUALIFIED

RAGUZ v POLICE [2020] SASC 111 Supreme Court 24/06/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - OTHER MATTERS
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - PROPORTIONALITY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - PARITY BETWEEN CO-OFFENDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - JUDGE MISTAKEN OR MISLED - PARTICULAR CASES

REDIN v DECHELLIS HOMES PTY LTD & ORS (NO 2) [2020] SADC 78 District Court 26/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS - INFORMAL OFFERS AND CALDERBANK LETTERS

STEEN v THE QUEEN [2020] SASCFC 60 Supreme Court - Court of Criminal Appeal 26/06/2020

​CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - RECORDS OF INTERVIEW - DISCRETION TO EXCLUDE
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - DIRECTIONS AS TO PARTICULAR MATTERS

ROBERTS v ROBERTS [2020] SASC 110 Supreme Court 19/06/2020

​EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - INJUNCTIONS TO PRESERVE STATUS QUO AND PROPERTY PENDING DETERMINATION OF RIGHTS
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - EX PARTE APPLICATIONS

KI SEAPORT PTY LTD (ACN 167 774 058) v ABSTRAXION PTY LTD (ACN 125 885 109) & ANOR [2020] SASC 113 Supreme Court 23/06/2020

​REAL PROPERTY - EASEMENTS - PARTICULAR EASEMENTS AND RIGHTS - OTHER EASEMENTS
REAL PROPERTY - TORRENS TITLE - EASEMENTS - CREATION - BY PLAN OF SUBDIVISION
INTERPRETATION - ADMISSIBILITY OF EXTRINSIC EVIDENCE IN RELATION TO INSTRUMENTS - WHEN EVIDENCE ADMISSIBLE - IN GENERAL

PLAYERS P/L (IN LIQ) (RECEIVER APPOINTED) & ORS v CLONE P/L & ORS (No 2) [2020] SASC 115 Supreme Court 24/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - TAXATION AND OTHER FORMS OF ASSESSMENT - PARTICULAR ITEMS - COUNSEL FEES - INTERSTATE COUNSEL

R v CHEN [2020] SADC 77 District Court 24/06/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v ROGERS [2020] SADC 72 District Court 16/06/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY

TOSKAS v WALDRON [2020] SADC 76 District Court 19/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - NON-COMPLIANCE

TOSKAS v WALDRON [2020] SADC 76 District Court 19/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - NON-COMPLIANCE

TREASURER FOR THE STATE OF SOUTH AUSTRALIA & ORS v UNITED TRADES AND LABOUR COUNCIL (TRADING AS SA UNIONS) (No 2) [2020] SASCFC 53 Supreme Court - Full Court 22/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - DEPRIVING SUCCESSFUL PARTY OF COSTS - NATURE OF PROCEEDING - OTHER CASES
INDUSTRIAL LAW - SOUTH AUSTRALIA - APPEALS AND REFERENCES - REFERENCES

WILSON PASTORAL INTERNATIONAL PTY LTD (ACN 167 284 399) v GEORGE STREET STEEL PTY LTD (ACN 008 179 708) [2020] SASCFC 54 Supreme Court - Full Court 24/06/2020

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - RECOVERY ON QUANTUM MERUIT

ATTORNEY-GENERAL (SA) v SMITH [2020] SASC 108 Supreme Court 23/06/2020

​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

NELSON v COMMISSIONER OF HIGHWAYS [2020] SASC 109 Supreme Court 19/06/2020

​REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION
REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION - ASSESSMENT - MARKET VALUE - GENERALLY
REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION - ASSESSMENT - MARKET VALUE - CAPITALISATION OF INCOME

R v CHRYSSOMALLOS [2020] SADC 74 District Court 18/06/2020

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

WJG v THE QUEEN [2020] SASCFC 56 Supreme Court - Court of Criminal Appeal 19/06/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO SUBSTITUTE VERDICT OR SENTENCE - OTHER PARTICULAR CASES
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 - INDECENT ASSAULT AND RELATED OFFENCES

GEORGOPOULOS & ANOR v NORMETALS PTY LTD (No 2) [2020] SASC 104 Supreme Court 22/06/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - OTHER MATTERS - COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INTEREST ON COSTS

MILBURN v POLICE [2020] SASC 103 Supreme Court 17/06/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - MENTAL DISORDER

WALKER v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASCFC 55 Supreme Court - Full Court 18/06/2020

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES - GENERALLY
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - PARTICULAR INJURIES, DISEASES AND DISABILITIES - MENTAL AND NERVOUS DISORDERS - PARTICULAR CASES

ATTORNEY-GENERAL (SA) v FENNER [2020] SASC 107 Supreme Court 18/06/2020

​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 - GENERALLY

BADETTE PTY LTD & ORS v LOGISTICS SC PTY LTD [2020] SADC 75 District Court 19/06/2020

​AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT - WHETHER CONCLUDED CONTRACT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS
TORTS - NEGLIGENCE - GENERAL MATTERS

SHARMAN v THOMAS [2020] SASCFC 52 Supreme Court - Full Court 18/06/2020

​ENVIRONMENT AND PLANNING - PARKS AND RESERVES - REGULATION OF ACTIVITIES WITHIN PARKS AND RESERVES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO ORDER NEW TRIAL OR QUASH CONVICTION AND DIRECT ENTRY OF VERDICT OF ACQUITTAL - WHERE CONVICTION QUASHED AND VERDICT OF ACQUITTAL ENTERED
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - WHEN NEW TRIAL GRANTED

R v FABER [2020] SASCFC 49 Supreme Court - Court of Criminal Appeal 9/06/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - IMPORT-EXPORT OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - POSSESSION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

ANAND & ANOR v ARMSTRONG & ANOR (NO 2) [2020] SADC 73 District Court 16/06/2020

​DEFAMATION - ACTIONS FOR DEFAMATION - COSTS

DALLIMORE v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASC 100 Supreme Court 15/06/2020

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

D'ANGELO & ANOR v COLEIRO & ORS [2020] SASC 99 Supreme Court 16/06/2020

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - WHERE SEVERAL INSTRUMENTS - GRANT OF SINGLE PROBATE - PARTICULAR CASES
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION OF DOCUMENTS - GROUNDS FOR RESISTING PRODUCTION - PRIVILEGE
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - KNOWLEDGE AND APPROVAL OF CONTENTS  - EVIDENCE - CIRCUMSTANCES AROUSING SUSPICION

SCHENSCHER v ADELAIDE MUSHROOMS (NOMINEES) PTY LTD [2020] SASC 101 Supreme Court 16/06/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - WITHDRAWAL, STRIKING OUT AND REINSTATEMENT OF INITIATING PROCESS - REINSTATEMENT
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - WITHDRAWAL, STRIKING OUT AND REINSTATEMENT OF INITIATING PROCESS - STRIKING OUT AND DISMISSAL OF PROCEEDINGS

SOUTHDALE STUD PTY LTD v RJR TRADING PTY LTD [2020] SASC 106 Supreme Court 16/06/2020

​PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - VEXATIOUS LITIGANTS, PROCEEDINGS AND RELATED MATTERS - VEXATIOUS PROCEEDINGS
REAL PROPERTY - TORRENS TITLE - MORTGAGES, CHARGES AND ENCUMBRANCES - POWERS AND REMEDIES OF MORTGAGEE - POSSESSION

ATTORNEY-GENERAL (SA) v JACKSON-KARPANY [2020] SASC 105 Supreme Court 16/06/2020

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS

RICE v ACCOR AUSTRALIA AND NEW ZEALAND HOSPITALITY PTY LTD [2020] SASC 102 Supreme Court 16/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - APPLICATION AND ORDER - APPLICATION
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - PRELIMINARY DISCOVERY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - DISCRETION OF COURT AND POWER TO ORDER

LOLEIT v THE QUEEN [2020] SASCFC 51 Supreme Court - Court of Criminal Appeal 11/06/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - SENTENCING

R v BAFTIROSKI, IOANNIDIS AND BURNS [2020] SADC 70 District Court 9/06/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE - PARTICULAR CASES

R v MALE [2020] SASC 98 Supreme Court 11/06/2020

​CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT - PARTICULAR OFFENCES - ATTEMPTED MURDER
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

SULLIVAN v KREPP [2020] SASC 97 Supreme Court 11/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - PROCEDURAL MATTERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION OF DOCUMENTS - GROUNDS FOR RESISTING PRODUCTION - PRIVILEGE - TENDENCY TO INCRIMINATE AND EXPOSURE TO PENALTY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - PARTICULAR PLEADINGS - DEFENCE

ATTORNEY-GENERAL (SA) v FAULKNER [2020] SASC 95 Supreme Court 4/06/2020

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

JGS v THE QUEEN [2020] SASCFC 48 Supreme Court - Court of Criminal Appeal 5/06/2020

​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 - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - MISDIRECTION AND NON-DIRECTION

KELLETT v SCHRIEVER [2020] SASC 96 Supreme Court 9/06/2020

​EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - LIABILITY FOR BREACH OF TRUST - WHO MAY BE LIABLE - RECIPIENT OF MISAPPLIED TRUST PROPERTY
EQUITY - EQUITABLE REMEDIES - EQUITABLE COMPENSATION
EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - LIABILITY FOR BREACH OF TRUST - RELIEF FROM LIABILITY

EUSTICE v CHANNEL SEVEN ADELAIDE PTY LTD & ORS [2020] SASC 94 Supreme Court 5/06/2020

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

LIONIZE GROUP PTY LTD & ANOR v MINISTER FOR TRANSPORT AND INFRASTRUCTURE & ANOR (No 2) [2020] SASCFC 44 Supreme Court - Full Court 27/05/2020

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

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v HEINJUS [2020] SASC 83 Supreme Court 20/05/2020

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - COSTS

GRAY v THE QUEEN [2020] SASCFC 46 Supreme Court - Court of Criminal Appeal 1/06/2020

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

R v MOYLE [2020] SASC 93 Supreme Court 3/06/2020

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - LIFE SENTENCE - REDETERMINATION OR SETTING OF MINIMUM TERM OR NON-PAROLE PERIOD
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES

SPC v THE QUEEN [2020] SASCFC 43 Supreme Court - Court of Criminal Appeal 28/05/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PARTICULAR CASES - WHERE APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

PASTINA PTY LTD v HOSANNA EXCELSIS ONE UNIVERSAL CHURCH INC (NO 2) [2020] SADC 64 District Court 27/05/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL MATTERS - GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS - INFORMAL OFFERS AND CALDERBANK LETTERS

ROAD TRANSPORT HISTORICAL SOCIETY INC v MARTIN [2020] SADC 67 District Court 1/06/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - SEARCH ORDERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION OF DOCUMENTS - GROUNDS FOR RESISTING PRODUCTION - PRIVILEGE - TENDENCY TO INCRIMINATE AND EXPOSURE TO PENALTY

GREEN [2020] SASC 90 Supreme Court 26/05/2020

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - EVIDENCE - PRESUMPTION OF AND LEAVE TO SWEAR DEATH

NATIONAL HEAVY VEHICLE REGULATOR v MOUNCE [2020] SASC 91 Supreme Court 27/05/2020

​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

TINCKNELL & ANOR v DUTHY HOMES PTY LTD & ANOR; DUTHY HOMES PTY LTD & ANOR v TINCKNELL & ANOR (No 2) [ Supreme Court - Full Court 1/06/2020

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - INTEREST ON JUDGMENTS

FOOD AND BEVERAGE AUSTRALIA LIMITED v NASH [2020] SASC 92 Supreme Court 29/05/2020

​CORPORATIONS - MANAGED INVESTMENTS
CORPORATIONS - MANAGED INVESTMENTS - TRUST DEED OR CONSTITUTION
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS
TRADE AND COMMERCE - TRADE PRACTICES AND RELATED MATTERS - CONSUMER PROTECTION - MISLEADING, DECEPTIVE OR UNCONSCIONABLE CONDUCT

THE STATE OF SOUTH AUSTRALIA (IN RIGHT OF THE DEPARTMENT FOR EDUCATION) v VAN HATTEM (No 2) [2020] SASCFC 45 Supreme Court - Full Court 28/05/2020

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE - EMPLOYMENT SUBSTANTIAL OR SIGNIFICANT CONTRIBUTING FACTOR - TO INJURY

REDIN v DECHELLIS HOMES PTY LTD & ORS District Court 28/05/2020

​TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DAMAGE - CAUSATION
TORTS - NUISANCE - DEFENCES - GENERALLY
TORTS - TRESPASS

MILLS v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASCFC 36 Supreme Court - Full Court 12/05/2020

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE - JOURNEY INJURIES - JOURNEY BETWEEN PLACE OF RESIDENCE AND PLACE OF EMPLOYMENT ETC
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE - EMPLOYMENT SUBSTANTIAL OR SIGNIFICANT CONTRIBUTING FACTOR - OTHER MATTERS

O'CONNOR v THE QUEEN [2020] SASCFC 41 Supreme Court - Court of Criminal Appeal 13/05/2020

​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 - RAPE AND SEXUAL ASSAULT

ALDRIDGE v JOHNSTON (No 2) [2020] SASCFC 40 Supreme Court - Full Court 22/05/2020

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS

CROSSLEY v STATE OF SOUTH AUSTRALIA (NO 2) [2020] SADC 56 District Court 15/05/2020

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

DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES

DUNCAN AS LIQUIDATOR OF WDR IRON ORE PTY LTD (IN LIQUIDATION) v DOWNER EDI WORKS PTY LTD [2020] SASC 89 Supreme Court 26/05/2020

​CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY
CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - WHAT CONSTITUTES INSOLVENCY
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES AND VOIDABLE TRANSACTIONS - UNFAIR PREFERENCES
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PROTECTED TRANSACTIONS - DEALINGS IN GOOD FAITH

DUNCAN AS LIQUIDATOR OF WDR IRON ORE PTY LTD (IN LIQUIDATION) v SMA INDUSTRIES PTY LTD [2020] SASC 88 Supreme Court 26/05/2020

​CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES AND VOIDABLE TRANSACTIONS - UNFAIR PREFERENCES
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PROTECTED TRANSACTIONS - DEALINGS IN GOOD FAITH
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COURT SUPERVISION - AMENDMENT - OUTSIDE OR INVOLVING LIMITATION PERIOD

ILEA v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASC 84 Supreme Court 22/05/2020

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION

ILEA v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASC 85 Supreme Court 22/05/2020

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

RYAN v HILL [2020] SADC 58 District Court 20/05/2020

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

R v WARNER [2020] SADC 62 District Court 22/05/2020

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

ALBAYRAK v TRUTH (SA) PTY LTD [2020] SASC 87 Supreme Court 20/05/2020

​CORPORATIONS

COMMISSIONER OF POLICE & ORS v CORONERS COURT OF SOUTH AUSTRALIA [2020] SASC 86 Supreme Court 22/05/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - RELEVANT CONSIDERATIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - CERTIORARI
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - MANDAMUS

HOLLOWOOD PTY LTD & ORS v CASTLEFORD PTY LTD & ORS [2020] SASC 80 Supreme Court 14/05/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
LANDLORD AND TENANT - RENT - PROVISIONS AS TO RENT IN AGREEMENT FOR LEASE OR LEASE
LANDLORD AND TENANT - RENT - VARIATION OTHERWISE THAN UNDER TERMS OF LEASE
LANDLORD AND TENANT - TERMINATION OF THE TENANCY - REPUDIATION

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD (No 3) [2020] SASCFC 37 Supreme Court - Full Court 13/05/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - INTEREST ON JUDGMENTS
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

R v CATALANO [2020] SADC 61 District Court 22/05/2020

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

R v WILLIAMS [2020] SADC 53 District Court 14/05/2020

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

SHEAHAN & LOCK v CHAN & ORS [2020] SADC 59 District Court 22/05/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - CASE MANAGEMENT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COURT SUPERVISION - ADJOURNMENT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - TRIAL - MODE OF TRIAL

ZOLLO v COMMISSIONER FOR CONSUMER AFFAIRS [2020] SASCFC 39 Supreme Court - Full Court 21/05/2020

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - WHAT IS - DISTINCTION BETWEEN QUESTION OF LAW AND QUESTION OF FACT

R v BUTTIGIEG [2020] SASCFC 38 Supreme Court - Court of Criminal Appeal 20/05/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - DOUBLE JEOPARDY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - RECOGNISANCES
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 - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

D A STARKE PTY LTD v YARD & ANOR (No 2) [2020] SASC 81 Supreme Court 14/05/2020

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

R v STROPIN [2020] SADC 57 District Court 15/05/2020

​CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - WITHDRAWAL AND RESTORATION OF PLEA - AFTER COMMITTAL FOR SENTENCE ON PLEA OF GUILTY

THE DIRECTOR OF PUBLIC PROSECUTIONS v VITALE [2020] SADC 55 District Court 15/05/2020

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

R v GJERGJI [2020] SADC 51 District Court 14/02/2020

​CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

R v TESFAMICHAEL [2020] SADC 54 District Court 15/05/2020

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

DAVIS v WAKEFIELD [2020] SADC 50 District Court 6/05/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - TRIAL - EXPEDITED TRIAL
DAMAGES

FOOD AND BEVERAGE AUSTRALIA LIMITED v P J NASH PTY LTD & ANOR (NO 2) [2020] SASC 82 Supreme Court 15/05/2020

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

CONTRACT MINING SERVICES PTY LTD v ADELAIDE BRIGHTON CEMENT LIMITED [2020] SASC 69 Supreme Court 16/04/2020

​COURTS AND JUDGES - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - GENERALLY

FLETCHER v HEAFT [2020] SASC 75 Supreme Court 11/05/2020

​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 - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - DOUBLE JEOPARDY

SAN v THE QUEEN [2020] SASCFC 35 Supreme Court - Court of Criminal Appeal 8/05/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PARTICULAR CASES - WHERE APPEAL ALLOWED
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTATION - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY

COMMISSIONER FOR CONSUMER AFFAIRS v PITT [2020] SASC 72 Supreme Court 7/05/2020

​TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - UNCONSCIONABLE CONDUCT - WHAT CONSTITUTES
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 - STATEMENTS AS TO FUTURE MATTERS AND PROMISES
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS - PARTICULAR CASES - REAL ESTATE TRANSACTIONS