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
O'BRIEN v COWIE & ORS [2020] SASC 22 Supreme Court 14/02/2020

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

PALAJ v THE QUEEN [2020] SASCFC 8 Supreme Court - Court of Criminal Appeal 19/02/2020

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

MILLER v POLICE [2020] SASC 20 Supreme Court 13/02/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
PROCEDURE - COSTS - APPEALS AS TO COSTS

RANA v POLICE [2020] SASC 21 Supreme Court 13/02/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - ORDERS AND CONVICTIONS - ORDERS TO RESTRAIN DOMESTIC, FAMILY OR APPREHENDED VIOLENCE OR FOR PERSONAL SAFETY

SCHENSCHER v ADELAIDE MUSHROOMS (NOMINEES) PTY LTD [2020] SASC 19 Supreme Court 13/02/2020

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

R v G, B [2020] SADC 9 District Court 5/02/2020

​CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

R v M, MD [2019] SADC 173 District Court 19/11/2019

​CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

GEORGOPOULOS & ANOR v NORMETALS PTY LTD [2020] SASC 18 Supreme Court 13/02/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TORTS - TROVER AND DETINUE - REMEDIES - ACTION FOR CONVERSION - DAMAGES - MEASURE OF
DAMAGES - GENERAL PRINCIPLES - MITIGATION OF DAMAGES - PLAINTIFF'S DUTY TO MITIGATE

ATTORNEY-GENERAL (SA) v GUIDOTTO [2020] SASC 12 Supreme Court 5/02/2020

​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

BM v COMMISSIONER OF POLICE [2020] SASC 16 Supreme Court 10/02/2020

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - REGISTRATION, REPORTING AND LIKE MATTERS

SR v COMMISSIONER OF POLICE [2020] SASC 17 Supreme Court 10/02/2020

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - REGISTRATION, REPORTING AND LIKE MATTERS

SULLIVAN v DOHERTY [2020] SASC 13 Supreme Court 5/02/2020

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS
LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - RECOVERY OF POSSESSION

CHENG v LOK [2020] SASC 14 Supreme Court 6/02/2020

​DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT

COMMERCIAL FITOUTS AUSTRALIA PTY LTD v MIRACLE CEILINGS (AUST) PTY LTD & ORS [2020] SASC 11 Supreme Court 4/02/2020

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

D'ORTENZIO v CHARLES PARLETTA REAL ESTATE PTY LTD [2020] SASC 9 Supreme Court 31/01/2020

CORPORATIONS

HST BUILDING GROUP PTY LTD v NAUDI & ANOR [2020] SASC 15 Supreme Court 7/02/2020

​REAL PROPERTY - GENERAL PRINCIPLES - INCIDENTS OF ESTATES AND INTERESTS IN LAND - POSSESSION

R v LEMM [2020] SADC 10 District Court 31/01/2020

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

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD (No 2) [2020] SASCFC 5 Supreme Court - Full Court 29/01/2020

​DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - ASSESSMENT OF DAMAGES

R v LUMSDEN [2020] SASCFC 3 Supreme Court - Court of Criminal Appeal 30/01/2020

​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

RAMSAY v THE QUEEN [2020] SASCFC 4 Supreme Court - Court of Criminal Appeal 30/01/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE - CULPABLE OR DANGEROUS DRIVING CAUSING BODILY HARM

MULLEN v DIRECTOR OF PUBLIC PROSECUTIONS (SA) [2020] SASC 10 Supreme Court 31/01/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS

BAE v THE QUEEN; KOO v THE QUEEN [2020] SASCFC 7 Supreme Court - Court of Criminal Appeal 30/01/2020

​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
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ARREST AND DETENTION
POLICE - RIGHTS, POWERS AND DUTIES - OTHER POWERS AND DUTIES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - PARITY BETWEEN CO-OFFENDERS

ANSELL STRATEGIC PTY LTD v JAKUDO PTY LTD & ORS [2020] SADC 5 District Court 28/01/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COURT SUPERVISION - AMENDMENT - TIME FOR AMENDMENT

MAXILIFT AUSTRALIA PTY LTD v DONNELLY [2020] SASC 8 Supreme Court 28/01/2020

​COURTS AND JUDGES - CONTEMPT - PARTICULAR CONTEMPTS - BREACH OF UNDERTAKING TO COURT - GENERALLY
COURTS AND JUDGES - CONTEMPT - PUNISHMENT AND ENFORCEMENT - PUNISHMENT - ORDER - NATURE OF PUNISHMENT - FINE

PSEVDOS v FIRST MORTGAGE COMPANY HOME LOANS PTY LTD [2020] SASC 1 Supreme Court 16/01/2020

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT

MATTHEWS v THE QUEEN [2020] SASCFC 1 Supreme Court - Court of Criminal Appeal 24/01/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES
POLICE - RIGHTS, POWERS AND DUTIES - SEARCH, SEIZURE AND DETENTION OF PROPERTY
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED

R v WEYGOOD [2020] SASC 7 Supreme Court 24/01/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

PRICE v BW & RD SMART [2020] SASCFC 2 Supreme Court - Full Court 23/01/2020

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - OTHER MATTERS - COSTS
PROCEDURE - COSTS - APPEALS AS TO COSTS - DISCRETION
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - POWERS OF COURT

HYPE INVESTMENTS PTY LTD & ANOR v FUNK COFFEE & FOOD PTY LTD & ORS (No 3) [2020] SADC 1 District Court 17/01/2020

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

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT - GENERAL PRINCIPLES AND EXERCISE OF DISCRETION

R v SALOTTI [2019] SADC 171 District Court 22/11/2019

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

EUSTICE v CHANNEL SEVEN ADELAIDE PTY LTD & ORS [2020] SASC 4 Supreme Court 17/01/2020

​DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL - EVIDENCE - PLAINTIFF'S REPUTATION AND CREDIT
DEFAMATION - PUBLICATION - GENERALLY - INTERNET PUBLICATIONS
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION - CRIMINAL
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - INJURY TO REPUTATION IN BUSINESS, PROFESSION, TRADE OR CALLING
DEFAMATION - JUSTIFICATION - TRUTH - SUBSTANTIAL TRUTH AND CONTEXTUAL TRUTH
DEFAMATION - OTHER DEFENCES

TAPLIN v AMACA PTY LTD [2020] SADC 3 District Court 16/01/2020

​PROCEDURE - COSTS - APPEALS AS TO COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - TAXATION AND OTHER FORMS OF ASSESSMENT - PRINCIPLES OF TAXATION OR ASSESSMENT - FAIR, JUST, REASONABLE, NECESSARY, PROPER ETC

ALZUAIN v DIRECTOR OF PUBLIC PROSECUTIONS [2020] SASC 6 Supreme Court 17/01/2020

​CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL
CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - SERIOUS AND ORGANISED CRIME SUSPECTS

BROWN v KIRKPATRICK [2020] SASC 5 Supreme Court 17/01/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
DEFAMATION - PUBLICATION - GENERALLY - MODES OF PUBLICATION
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION

D A STARKE PTY LTD v YARD & ANOR [2020] SASC 3 Supreme Court 16/01/2020

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA

GD v COMMISSIONER OF POLICE [2020] SASC 2 Supreme Court 15/01/2020

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - REGISTRATION, REPORTING AND LIKE MATTERS

PATELIS v SANDER [2020] SADC 2 District Court 16/01/2020

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

CIVIL & ALLIED TECHNICAL CONSTRUCTION PTY LTD v RESOLUTION INSTITUTE & ORS [2019] SASC 193 Supreme Court 14/11/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS

CKD INVESTORS P/L & COMMERCIAL NEGOTIATORS P/L v CEDUNA KEYS DEVELOPMENTS P/L & BRIA [2019] SADC 201 District Court 23/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - SALE OF PROPERTY

UMT HOLDINGS PTY LTD v RANKIN SAUNDERS PTY LTD [2019] SADC 199 District Court 20/12/2019

​MAGISTRATES

PROCEDURE - JUDGMENTS AND ORDERS