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
CARTER v BRINE [2015] SASC 204 Supreme Court 22/12/2015

​EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS
ESTOPPEL
EQUITY - EQUITABLE REMEDIES - EQUITABLE COMPENSATION
EQUITY - GENERAL PRINCIPLES - EQUITABLE ESTATES AND INTERESTS
SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE
ESTOPPEL - ESTOPPEL BY CONDUCT - PROPRIETARY ESTOPPEL

R v STEELE (No 5) [2016] SASC 6 Supreme Court 8/02/2016

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

ASSIMINA KRINAS [2016] SASC 9 Supreme Court 8/02/2016

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

COMMONWEALTH v HEIDARI [2016] SADC 9 District Court 5/02/2016

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - RULES OF COURT

GILBERT & ANOR v TRIPODI & ANOR [2016] SADC 6 District Court 4/02/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

R v HAMRA (No 2) [2016] SADC 8 District Court 2/02/2016

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

R v LI [2016] SASC 4 Supreme Court 4/02/2016

EVIDENCE - ADMISSIBILITY AND RELEVANCY - OPINION EVIDENCE - EXPERT OPINION - IN GENERAL
CRIMINAL LAW - EVIDENCE - RELEVANCE - PARTICULAR CASES

R v RICHARDS (NO. 2) [2016] SADC 2 District Court 20/02/2016

CRIMINAL LAW

R v WHITEHEAD [2016] SADC 3 District Court 21/01/2016

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

R v ANGEL [2016] SASCFC 2 Supreme Court - Court of Criminal Appeal 28/01/2016

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - PROCEDURE
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

R v DOOLAN, LE BOIS-AGIUS AND SHAW District Court 29/01/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - COMPLICITY - COMMON PURPOSE - SCOPE OF AGREEMENT
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - GENERALLY
R v DUNCAN [2015] SASCFC 191 Supreme Court - Court of Criminal Appeal 14/12/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

R v HAMRA [2016] SADC 4 District Court 21/01/2016

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

ABL NOMINEES P/L v WARMINGS COMMERCIAL SERVICES P/L & ORS [2015] SASC 203 Supreme Court 23/12/2015

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT
GUARANTEE AND INDEMNITY - ACTIONS AGAINST SURETY - GENERALLY

WESTPAC BANKING CORPORATION v CHAMBERLAIN & ANOR [2016] SASC 3 Supreme Court 21/01/2016

REAL PROPERTY - TORRENS TITLE - MORTGAGES, CHARGES AND ENCUMBRANCES - POWERS AND REMEDIES OF MORTGAGEE - POSSESSION - GENERALLY

CZECHYRA AND ANOR v GIRARDI [2016] SADC 1 District Court 14/01/2016

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES

STONE v MOORE (No 2) [2015] SADC 169 District Court 19/11/2015

​DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS
DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

GOLDUS PTY LTD v AUSTRALIAN MINING PTY LTD [2015] SASCFC 193 Supreme Court - Full Court 18/12/2015

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

KERR v KERR [2015] SASC 199 Supreme Court 18/12/2015

​SUCCESSION - MAKING OF A WILL - STATUTORY POWER OF RECTIFICATION

BRINE v CARTER [2015] SASC 205 Supreme Court 22/12/2015

​SUPERANNUATION - BENEFITS
SUPERANNUATION - BENEFITS - WHO ENTITLED TO RECEIVE - SPOUSE
EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - FIDUCIARY DUTY - ACCOUNT FOR BENEFITS GAINED
EQUITY - GENERAL PRINCIPLES - EQUITABLE DEFENCES - LACHES AND DELAY
ESTOPPEL

DUFFY v GOOGLE INC (NO 2) [2015] SASC 206 Supreme Court 23/12/2015

​DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL - EVIDENCE - PLAINTIFF'S REPUTATION AND CREDIT
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - INJURY TO REPUTATION IN BUSINESS, PROFESSION, TRADE OR CALLING
DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT

R v AZAPARTI [2015] SADC 176 District Court 19/11/2015

​CRIMINAL LAW

SOUTH AUSTRALIAN HOUSING TRUST v PAWELZIK; SOUTH AUSTRALIAN HOUSING TRUST v POPCZYNSKI [2015] SASCFC 194 Supreme Court - Full Court 24/12/2015

​LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - GENERALLY
LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES - RATES AND CHARGES
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION

AISTROPE & AISTROPE v SOUTH AUSTRALIAN HOUSING TRUST [2015] SASC 202 Supreme Court 22/12/2015

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

BLACKBURN & ANOR v LOGOS RESEARCH INSTITUTE PTY LTD & ORS [2015] SADC 175 District Court 23/12/2015

EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE

BUSBRIDGE v POLICE [2015] SASC 201 Supreme Court - Magistrates Appeals 21/12/2015

TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - LOADS TO BE CARRIED BY VEHICLES - SOUTH AUSTRALIA - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

MACKS & ANOR v MAKA & ANOR [2015] SASC 200 Supreme Court 22/12/2015

CORPORATIONS - WINDING UP - LIQUIDATORS - REMUNERATION

WALLABY GRIP (BAE) P/L (IN LIQ) & ANOR v AMACA P/L (ACN 000 035 512) (UNDER NSW ADMINISTERED WINDING UP) [2015] SADC 173 District Court 22/12/2015

PROCEDURE

MCINNES v DAVIES & ANOR (No 2) [2015] SADC 174 District Court 18/12/2015

​DAMAGES

R v GJERGJI [2015] SADC 171 District Court 17/12/2015

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

R v JANZOW [2015] SASC 194 Supreme Court 21/12/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - DISEASE OF THE MIND, MENTAL DISEASE OR MENTAL INFIRMITY

SCALI v SCALI [2015] SADC 172 District Court 21/12/2015

​DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - OTHER MATTERS

FINNIGAN v R [2014] SADC 34 District Court 5/03/2014

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

MOTOR ACCIDENT COMMISSION v DINH [2015] SASCFC 184 Supreme Court - Full Court 9/12/2015

INSURANCE - MOTOR VEHICLES - COMPULSORY THIRD PARTY INSURANCE AND LIKE SCHEMES - GENERALLY - SOUTH AUSTRALIA
INSURANCE - MOTOR VEHICLES - COMPULSORY THIRD PARTY INSURANCE AND LIKE SCHEMES - RECOVERY OR RECOURSE BY INSURER WHERE UNAUTHORISED USE, INEFFECTIVE CONTROL, DEFECTIVE VEHICLE, ETC

R v STRAUSS [2015] SASCFC 192 Supreme Court - Court of Criminal Appeal 17/12/2015

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PRODUCTION OR CULTIVATION
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - OF EQUIPMENT AND IMPLEMENTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

ANDONOPOULOS v RAINBOW [2015] SASCFC 186 Supreme Court - Full Court 10/12/2015

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE FINDINGS BASED ON DOCUMENTARY EVIDENCE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE FINDINGS CLEARLY WRONG - GENERALLY

R v JESSOP [2015] SADC 168 District Court 10/12/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - GENERALLY

RUZEHAJI v COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE [2015] SASCFC 182 Supreme Court - Full Court 10/12/2015

​CRIMINAL LAW - GENERAL MATTERS - OTHER GENERAL MATTERS - STAY OF CIVIL PROCEEDINGS PENDING CRIMINAL PROCEEDINGS
CRIMINAL LAW - PROCEDURE - CONFISCATION OF PROCEEDS OF CRIME AND RELATED MATTERS - FORFEITURE OR CONFISCATION - PROCEDURE - INVESTIGATION AND EXAMINATION
CRIMINAL LAW - PROCEDURE - CONFISCATION OF PROCEEDS OF CRIME AND RELATED MATTERS - RESTRAINING OR FREEZING ORDER - INVESTIGATION AND EXAMINATION

SPRIGG v POLICE [2015] SASC 197 Supreme Court - Magistrates Appeals 16/12/2015

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE

TEMBY v POLICE [2015] SASC 198 Supreme Court - Magistrates Appeals 14/12/2015

​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

THE TAP INN PTY LTD v MATTHEWS [2015] SASCFC 188 Supreme Court - Full Court 10/12/2015

​CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES AND VOIDABLE TRANSACTIONS - UNFAIR PREFERENCES
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - DECLARATIONS - REQUIREMENT THAT ALL MATTERS IN CONTROVERSY BE DETERMINED

THE QUEEN v FINNIGAN (NO. 2) [2015] SADC 55 District Court 9/04/2015

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

BEST v POLICE [2015] SASC 190 Supreme Court - Magistrates Appeals 3/12/2015

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - CONVICTION ON EX PARTE HEARING
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - GENERALLY
TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED

POLICE v SPOONER [2015] SASC 196 Supreme Court - Magistrates Appeals 14/12/2015

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES - CONVICTIONS OF TRAFFIC OFFENCES RELATING TO OTHER MATTERS - DEMERIT POINTS

R v BUSHNELL [2015] SADC 139 District Court 20/10/2015

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

VISCARIELLO v LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL & ORS [2015] SASC 192 Supreme Court 8/12/2015

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - GENERALLY
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

DIRECTOR OF PUBLIC PROSECUTION v WESTERN AND ANOR [2015] SADC 164 District Court 30/11/2015

CRIMINAL LAW - PROCEDURE - CONFISCATION OF PROCEEDS OF CRIME AND RELATED MATTERS - PECUNIARY PENALTY AND LIKE ORDERS - ASSESSMENT OF BENEFIT

MURPHY v POLICE [2015] SASC 193 Supreme Court - Magistrates Appeals 11/12/2015

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - EFFECT OF FAILURE TO WARN
EVIDENCE - ADMISSIBILITY - TENDENCY, CO-INCIDENCE AND PROPENSITY - SIMILAR FACT EVIDENCE - GENERALLY

R v AN ACCUSED [2015] SADC 170 District Court 11/12/2015

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF
CRIMINAL LAW - EVIDENCE - CORROBORATION - WHAT CONSTITUTES CORROBORATION - ADMISSIONS AND CONDUCT OF ACCUSED - LIES, DENIALS ETC
R v CHENG [2015] SASCFC 189 Supreme Court - Court of Criminal Appeal 10/12/2015

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - OTHER MATTERS
CRIMINAL LAW - EVIDENCE - COMPETENCE AND COMPELLABILITY - OATH - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - STATUTORY PROVISIONS RELATING TO EVIDENCE OF CHILDREN

R v MANHIRE [2015] SASCFC 187 Supreme Court - Court of Criminal Appeal 11/12/2015

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER

R v PARSONS & ANOR [2015] SASCFC 183 Supreme Court - Court of Criminal Appeal 11/12/2015

CRIMINAL LAW - PROCEDURE - SUMMING UP

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

R v TAYLOR [2015] SADC 167 District Court 2/12/2015

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF

ROONEY v POLICE [2015] SASC 195 Supreme Court - Magistrates Appeals 4/12/2015

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

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

SCHULLER v S J WEBB NOMINEES PTY LTD (NO 2) [2015] SASCFC 190 Supreme Court - Full Court 10/12/2015

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

PROCEDURE - COSTS - SECURITY FOR COSTS

SZYMANSKA v SZYMANSKI (NO 2) [2015] SASC 191 Supreme Court 9/12/2015

REAL PROPERTY - PARTITION OF LAND
REAL PROPERTY - PARTITION OF LAND - PARTITION OR SALE IN PARTITION ACTION OR SUIT - SALE IN LIEU OF PARTITION
REAL PROPERTY - PARTITION OF LAND - PARTITION OR SALE IN PARTITION ACTION OR SUIT - COMPENSATION FOR IMPROVEMENTS