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
POLICE v WATSON [2016] SASC 92 Supreme Court - Magistrates Appeals 23/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE

R v HAINES [2016] SASC 96 Supreme Court 16/06/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - OTHER MATTERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - DEPOSITIONS - OF ABSENT WITNESS - PERSONS UNABLE TO ATTEND THROUGH DEATH OR ILLNESS - GENERALLY

R v KO [2016] SADC 66 District Court 24/06/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

REGISTRAR OF THE SUPREME COURT OF SOUTH AUSTRALIA v S; REGISTRAR OF THE SUPREME COURT OF SOUTH AUSTRALIA v C [2016] SASC 93 Supreme Court 22/06/2016

​PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - CONTEMPT - WHAT CONSTITUTES - INTERFERENCE WITH COURSE OF JUSTICE AND ADMINISTRATION OF LAW - IN GENERAL

STONE & ANOR v CHAPPEL & ORS (NO. 2) [2016] SASC 88 Supreme Court 23/06/2016

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

TURNER v POLICE [2016] SASC 91 Supreme Court - Magistrates Appeals 23/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OFFENCES AND OTHER MATTERS

WHITE v POLICE [2016] SASC 94 Supreme Court - Magistrates Appeals 24/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES

H v COMMISSIONER OF POLICE [2016] SADC 64 District Court 24/06/2016

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - GENERALLY
POLICE - APPOINTMENT, TENURE AND CONDITIONS OF SERVICE - MISCONDUCT AND DISCIPLINE

GRAHAM WILLIAM DAWSON (DECEASED) AND TERESA VERONICA DAWSON (DECEASED) [2016 Supreme Court 20/06/2016

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - PARTICULAR TESTAMENTARY DISPOSITIONS - GIFTS TO SURVIVORS - MEANING OF SURVIVOR; SURVIVE

PHILLIPS v C B MCDONOUGH & CO [2016] SASC 87 Supreme Court 23/06/2016

PROCEDURE - COSTS - APPEALS AS TO COSTS - WRONG EXERCISE OF DISCRETION
PROFESSIONS AND TRADES - LAWYERS - REMUNERATION - TAXATION AND ASSESSMENT OF COSTS - COSTS OF TAXATION

R v POSTOLOVSKI [2016] SASCFC 69 Supreme Court - Court of Criminal Appeal 16/06/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - SENTENCE: PARTICULAR CASES - ATTEMPTED MURDER
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SENTENCING STATISTICS, SCHEDULES, TARIFFS, COMPARISONS, ETC - PARTICULAR CASES

RODDA & ANOR v IAN RODDA PTY LTD & ANOR [2016] SASC 90 Supreme Court 20/06/2016

​PROCEDURE - COSTS

VARRICCHIO v WENTZEL [2016] SASC 86 Supreme Court 16/06/2016

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS
LANDLORD AND TENANT - RIGHTS AND LIABILITIES APART FROM COVENANT - OTHER MATTERS

COMMISSIONER FOR CONSUMER AFFAIRS v MCMURRAY [2016] SASCFC 70 Supreme Court - Full Court 20/06/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM DISTRICT COURT
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY

CORSO v ARIAS HOLDINGS PTY LTD & ORS [2016] SADC 62 District Court 17/06/2016

​TORTS - NEGLIGENCE
DAMAGES - GENERAL PRINCIPLES

POLICE v DINOVITSER [2016] SASC 77 Supreme Court 14/06/2016

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS
TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED
EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - STATUTORY PROVISIONS AS TO PRIMA FACIE EVIDENCE - OTHER PROVISIONS - TRAFFIC OFFENCES

JOHNSON v LEADER; JOHNSON v SYNNEX [2016] SADC 58 District Court 15/06/2016

ADMINISTRATIVE LAW

R v KIELY [2016] SADC 59 District Court 16/06/2016

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

SCHAFFER v USCA [2016] SADC 61 District Court 16/06/2016

LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION

R v BURTT [2016] SADC 60 District Court 16/06/2016

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

MARAS v LESSES (NO 2) [2016] SADC 57 District Court 15/06/2016

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

BENJAMIN (DECEASED) [2016] SASC 84 Supreme Court 9/06/2016

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - CIRCUMSTANCES
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - PUBLIC TRUSTEES AND CURATORS

FLEMING v ADVERTISER NEWS WEEKEND PUBLISHING COMPANY P/L & ANOR (NO 3) [2016] SASC 81 Supreme Court 9/06/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - FACTORS RELEVANT TO EXERCISE OF DISCRETION

GOLDSWORTHY v POLICE [2016] SASC 85 Supreme Court - Magistrates Appeals 10/06/2016

​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 CONVICTION RECORDED ON GUILTY PLEA - GENERAL PRINCIPLES
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OFFENCES AND OTHER MATTERS

GRAHAM v POLICE [2016] SASC 82 Supreme Court - Magistrates Appeals 10/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

LITTLE v POLICE [2016] SASC 80 Supreme Court - Magistrates Appeals 7/06/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - CAUSATION

SFERRUZZI v POLICE [2016] SASC 83 Supreme Court - Magistrates Appeals 10/06/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION

PARKER & ORS v AUSTRALIAN EXECUTOR TRUSTEES LIMITED [2016] SASC 64 Supreme Court 1/06/2016

SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - WHETHER APPLICANT LEFT WITH INSUFFICIENT PROVISION - CLAIMS BY CHILDREN

WORDS AND PHRASES CONSIDERED/DEFINED
POLICE v GRAHAM [2016] SASC 78 Supreme Court - Magistrates Appeals 9/06/2016

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PARTICULAR CASES
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
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - IRRELEVANT FACTORS

O, GL v POLICE [2016] SASC 73 Supreme Court - Magistrates Appeals 31/05/2016

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

 

OSMAN v LOCKYER & ORS [2016] SADC 56 District Court 9/06/2016

REAL PROPERTY - EASEMENTS
CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - ENTITLEMENT TO DEPOSIT - RECOVERY BY PURCHASER

MACHADO & ANOR v UNDERWOOD & ANOR [2016] SASCFC 65 Supreme Court - Full Court 3/06/2016

​DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST - PARTICULAR STATEMENTS - ON MATTERS OF PUBLIC INTEREST - WHAT CONSTITUTES PRIVILEGED OCCASION, COMMUNICATION OR CONDUCT
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST - PARTICULAR STATEMENTS - REASONABLENESS OF PUBLICATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - REBUTTAL OF PRIVILEGE BY MALICE
DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL

POLISENA v BURLS [2016] SADC 53 District Court 30/05/2016

​LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION

HAYES v DEPARTMENT FOR CORRECTIONAL SERVICES [2016] SASC 76 Supreme Court - Magistrates Appeals 3/06/2016

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - COMMUNITY SERVICE ORDERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

SZYMANSKA v SZYMANSKI (No 3) [2016] SASC 74 Supreme Court 31/05/2016

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - SET-OFF
PROCEDURE - COSTS - SCALES OF COSTS

THAKUR v POLICE [2016] SASC 75 Supreme Court - Magistrates Appeals 3/06/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS
MAGISTRATES - JURISDICTION - SUBJECT MATTER - MINOR, SIMPLE OR SUMMARY OFFENCE AND SUMMARY TRIAL OF INDICTABLE OFFENCE - CONSENT OR ELECTION OF ACCUSED - REFUSAL OR WITHDRAWAL AND CONSEQUENCES THEREOF

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ORS (No 3) [2016] SASC 79 Supreme Court 3/06/2016

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - PARTIES - GENERALLY
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 TO CAUSE PREJUDICE, SCANDALOUS, UNNECESSARY ETC OR CAUSING DELAY IN PROCEEDINGS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS

MURRAY & ORS v LESICAR & ORS [2016] SASC 71 Supreme Court 25/05/2016

PARTNERSHIP - PARTNERSHIP PROPERTY - IN GENERAL AND WHAT CONSTITUTES PARTNERSHIP PROPERTY

R v A [2016] SASCFC 66 Supreme Court - Court of Criminal Appeal 1/06/2016

CRIMINAL LAW - SENTENCE - SENTENCING OF JUVENILES - CUSTODIAL ORDERS - DETENTION IN TRAINING CENTRE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v DOMARECKI [2016] SASCFC 67 Supreme Court - Court of Criminal Appeal 2/06/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

R v DRANSFIELD [2016] SASCFC 68 Supreme Court - Court of Criminal Appeal 2/06/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY
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  - JUDGE ACTED ON WRONG PRINCIPLE

R v TURVEY [2016] SADC 55 District Court 3/06/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

UNIVERSITY OF SOUTH AUSTRALIA v MILLER [2016] SADC 54 District Court 3/06/2016

ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - REVIEW OF DECISIONS

R v H, C S [2016] SADC 23 District Court 15/03/2016

​CRIMINAL LAW

POLICE v HODDER [2016] SASC 70 Supreme Court - Magistrates Appeals 24/05/2016

​MAGISTRATES - ORDERS AND CONVICTIONS - ORDERS TO RESTRAIN DOMESTIC, FAMILY OR APPREHENDED VIOLENCE OR FOR PERSONAL SAFETY
MAGISTRATES - ORDERS AND CONVICTIONS - COSTS - DISCRETION OF COURT
MAGISTRATES - HEARING - COURSE OF HEARING - PRESENTATION OF SUBMISSIONS OR EVIDENCE GENERALLY

TUIT (DECEASED) [2016] SASC 72 Supreme Court 31/05/2016

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

CORRADO v LA STARZA (No 2) [2016] SADC 51 District Court 27/05/2016

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - CONTRACT IMPLIED FROM CONDUCT OF PARTIES

COLLINS & ANOR v DJUNAEDI & ORS (No 2) [2016] SASCFC 63 Supreme Court - Full Court 23/05/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
BANKRUPTCY - ADMINISTRATION OF PROPERTY - PROOF OF DEBTS - WHAT DEBTS PROVABLE - COSTS

O'DEA v COMMISSIONER OF POLICE [2016] SASCFC 58 Supreme Court - Full Court 19/05/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
STATUTES - ACTS OF PARLIAMENT - OPERATION AND EFFECT OF ACTS - RETROSPECTIVE OPERATION - AMENDING ACTS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND PROVISIONS - STATUTORY DEFINITION PROVISIONS GENERALLY

R v TAYLOR [2016] SASCFC 54 Supreme Court - Court of Criminal Appeal 19/05/2016

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

STEGBAR PTY LTD v PISCIONERI [2016] SADC 47 District Court 29/04/2016

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

AMBROSE AS TRUSTEE OF THE BANKRUPT ESTATE OF PETER ATHANASAS v ATHANASAS & ANOR [2016] SASC 63 Supreme Court 20/05/2016

​BANKRUPTCY - ADMINISTRATION OF PROPERTY - REALISATION OF PROPERTY - POWERS OF TRUSTEE TO DEAL WITH PROPERTY
EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - RESULTING TRUSTS - REBUTTAL OF IMPLICATION - PRESUMPTION OF ADVANCEMENT
REAL PROPERTY - PARTITION OF LAND - PARTITION OR SALE IN PARTITION ACTION OR SUIT

BRINE & ORS v CARTER [2016] SASCFC 62 Supreme Court - Full Court 20/05/2016

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

COLLINS & ANOR v DJUNAEDI & ORS [2016] SASCFC 48 Supreme Court - Full Court 11/05/2016

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

R v HUDSON [2016] SASCFC 60 Supreme Court - Court of Criminal Appeal 19/05/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - IMPORT-EXPORT OFFENCES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY

R v TURNER [2016] SASCFC 61 Supreme Court - Court of Criminal Appeal 18/05/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING MDMA (ECSTASY)
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

RAGLESS v THE SA FIELD & GAME ASSN SOUTHERN BRANCH INC [2016] SASCFC 64 Supreme Court - Full Court 20/05/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT
ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - POWER TO EXPEL, SUSPEND AND DISQUALIFY

R v FARRER [2016] SADC 49 District Court 17/05/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES

ADELAIDE CITY COUNCIL v LEPSE (No 2) [2016] SASC 69 Supreme Court - Magistrates Appeals 18/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - COSTS
PROCEDURE - COSTS

ADELAIDE CITY COUNCIL v LEPSE [2016] SASC 66 Supreme Court - Magistrates Appeals 18/05/2016

​TRAFFIC LAW - TRAFFIC REGULATION - RESTRICTIONS ON STOPPING AND PARKING - STOPPING IN PARTICULAR VEHICLES ZONES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - CONVICTION ON EX PARTE HEARING

BROWN v POLICE [2016] SASC 65 Supreme Court - Magistrates Appeals 18/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - GENERAL PRINCIPLES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY

CAVANAGH v DILENA & ANOR [2016] SASC 68 Supreme Court - Magistrates Appeals 18/05/2016

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - FINDINGS ON ISSUE OF NEGLIGENCE - GENERALLY
PROCEDURE - PARTIES AND REPRESENTATION - LEGAL REPRESENTATION - GENERALLY
EVIDENCE - ADDUCING EVIDENCE - COURSE OF EVIDENCE - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY

PIX v SOUTH AUSTRALIAN HOUSING TRUST [2016] SASCFC 57 Supreme Court - Full Court 17/05/2016

​LANDLORD AND TENANT - TERMINATION OF THE TENANCY - GENERALLY
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

R v BUI [2016] SASCFC 53 Supreme Court - Court of Criminal Appeal 13/05/2016

​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

R v HOWE [2016] SASCFC 56 Supreme Court - Court of Criminal Appeal 13/05/2016

​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 - ROLE OF GUILTY PLEA OR DEPOSITIONS

R v SUMNER [2016] SASCFC 59 Supreme Court - Court of Criminal Appeal 18/05/2016

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - GENERALLY
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
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE

R v WILLIAMS [2016] SASC 67 Supreme Court 18/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES

R v COULTHARD [2016] SASCFC 47 Supreme Court - Court of Criminal Appeal 11/05/2016

​FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OFFENCES AND OTHER MATTERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES

R v MESCHEDE [2016] SASCFC 49 Supreme Court - Full Court 9/05/2016

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v ROBINS [2016] SASCFC 55 Supreme Court - Court of Criminal Appeal 13/05/2016

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS

R v SIVIOUR [2016] SASCFC 51 Supreme Court - Court of Criminal Appeal 11/05/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

STONE v MOORE [2016] SASCFC 50 Supreme Court - Full Court 11/05/2016

DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION
DEFAMATION - JUSTIFICATION - TRUTH
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - REBUTTAL OF PRIVILEGE BY MALICE

WALSH v LEGAL PRACTITIONERS CONDUCT BOARD [2016] SASCFC 52 Supreme Court - Full Court 13/05/2016

PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - DUTIES TO COURT - CONDUCT OF TRIAL

ELLIS v CITY OF MARION AND VODAFONE HUTCHISON AUSTRALIA [2016] SAERDC 15 Supreme Court 10/05/2016
JACKSON v LEPP INVESTMENTS PTY LTD [2016] SASC 62 Supreme Court 18/03/2016

​LANDLORD AND TENANT - TERMINATION OF THE TENANCY - GENERALLY
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - NATURE OF RIGHT - SCOPE AND EFFECT OF APPEAL

LESTER & ORS v ANANGUKU ARTS AND CULTURE ABORIGINAL CORPORATION (No 2) [2016] SASC 43 Supreme Court 8/03/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS
ABORIGINALS - HERITAGE PROTECTION - SOUTH AUSTRALIA

LESTER & ORS v ANANGUKU ARTS AND CULTURE ABORIGINAL CORPORATION (No 3) [2016] SASC 59 Supreme Court 26/04/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS
ABORIGINALS - HERITAGE PROTECTION - SOUTH AUSTRALIA

ADELAIDE (SA POOLS & SPA) MANUFACTURING AND INSTALLATION PTY LTD & ORS v WESTCOURT GENERAL INSURANCE BROKERS PTY LTD [2016] SASC 60 Supreme Court 5/05/2016

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

TAYLOR v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SA) INC [2016] SASC 61 Supreme Court - Magistrates Appeals 6/05/2016

​ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES - MISCELLANEOUS OFFENCES

ISTVAN MOLNAR (DECEASED) [2016] SASC 55 Supreme Court 5/05/2016

LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - TRUSTS AND DECEASED ESTATES
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - GENERALLY - POWER OF COURT TO EXTEND LIMITATION PERIOD
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - WHERE MISTAKE OR MISDESCRIPTION - AS TO PERSON OR OBJECT

R v ROBINSON [2016] SADC 46 District Court 26/04/2016

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

R v AZAPARTI [2016] SASCFC 46 Supreme Court - Court of Criminal Appeal 3/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - MISCELLANEOUS MATTERS - SOUTH AUSTRALIA - OTHER MATTERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - ABANDONMENT OF APPEAL

R v CLEAVER [2016] SASCFC 43 Supreme Court - Court of Criminal Appeal 22/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v KNIGHT [2016] SASCFC 40 Supreme Court - Court of Criminal Appeal 19/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE

CORRADO v LA STARZA [2016] SADC 45 District Court 26/04/2016

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - CONTRACT IMPLIED FROM CONDUCT OF PARTIES

IN THE MATTER OF K, JL [2016] SASC 53 Supreme Court 21/04/2016

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

POLICE v STACY [2016] SASC 54 Supreme Court - Magistrates Appeals 22/04/2016

​GAMING AND LIQUOR - LIQUOR - LIQUOR OFFENCES - OTHER MATTERS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - POINTS AND OBJECTIONS NOT TAKEN BELOW - WHEN NOT ALLOWED TO BE RAISED ON APPEAL - QUESTIONS NOT RAISED ON PLEADINGS OR IN ARGUMENT - GENERALLY
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS - IN GENERAL

R v BAC NAM NGUYEN (No 2) [2016] SADC 44 District Court 28/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - RECEIVING AND POSSESSION OF PROPERTY STOLEN OR REASONABLY SUSPECTED OF BEING STOLEN OR UNLAWFULLY OBTAINED - POSSESSION OF PROPERTY STOLEN OR SUSPECTED TO BE STOLEN OR UNLAWFULLY OBTAINED - SUSPECTED OR REASONABLY SUSPECTED OR SUPPOSED TO HAVE BEEN STOLEN OR UNLAWFULLY OBTAINED - BASIS OF SUSPICION

R v JELICIC (REVIEW OF SUPPRESSION ORDERS) [2016] SASC 58 Supreme Court 28/04/2016

​EVIDENCE - MISCELLANEOUS MATTERS - NON-PUBLICATION OF EVIDENCE - PARTICULAR CASES
CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS

R v JOSIPOVIC [2016] SASCFC 44 Supreme Court - Court of Criminal Appeal 22/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS

DE POI v ADVERTISER-NEWS WEEKEND PUBLISHING COMPANY PTY LTD (No 2) [2016] SASCFC 45 Supreme Court - Full Court 27/04/2016

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES
INTEREST - RATE OF INTEREST AND COMPOUND INTEREST - RATE IN OTHER CASES

R v JELICIC [2016] SASC 57 Supreme Court 28/04/2016

CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - VOLUNTARY STATEMENTS - VOLUNTARINESS - PARTICULAR CASES

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - DISCRETION TO EXCLUDE CONFESSIONAL STATEMENTS - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE - PARTICULAR CASES - OTHER MATTERS

R v ROBERTS [2016] SASCFC 41 Supreme Court - Court of Criminal Appeal 19/04/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - BREACH AND REVOCATION
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - GENERALLY