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
MASLING v THE QUEEN [2020] SASC 179 Supreme Court 24/09/2020

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

ALLSOPP v THE QUEEN [2020] SASCFC 95 Supreme Court - Court of Criminal Appeal 25/09/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS

HUBNER v ROBERTSON [2020] SADC 134 District Court 25/09/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES

FOOD AND BEVERAGE AUSTRALIA LIMITED v NASH (No 2) [2020] SASC 181 Supreme Court 29/09/2020

​CORPORATIONS - MANAGED INVESTMENTS - WINDING UP
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - ENFORCEMENT OF JUDGMENTS AND ORDERS

MYERS v THE QUEEN [2020] SASC 175 Supreme Court 17/09/2020

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

SCOTT v THE QUEEN [2020] SASC 182 Supreme Court 22/09/2020

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

HALL v CARNEY & ORS (No 3) [2020] SASC 177 Supreme Court 24/09/2020

​LIMITATION OF ACTIONS - LIMITATION OF PARTICULAR ACTIONS - TRUSTS AND DECEASED ESTATES - STATUTORY PROVISIONS IN TRUSTEE ACTS
LIMITATION OF ACTIONS - LIMITATION OF PARTICULAR ACTIONS - TRUSTS AND DECEASED ESTATES - ACTIONS AGAINST DECEASED ESTATES
SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - OTHER MATTERS

QUICK v THE QUEEN [2020] SASCFC 92 Supreme Court - Court of Criminal Appeal 25/09/2020

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

REZAEI v THE QUEEN [2020] SASC 183 Supreme Court 30/09/2020

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

KELLETT v SCHRIEVER (No 2) [2020] SASC 178 Supreme Court 24/10/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL MATTERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - COSTS OUT OF FUND OR PROPERTY
EQUITY - TRUSTS AND TRUSTEES - APPOINTMENT, REMOVAL AND ESTATE OF TRUSTEES

LEGAL PROFESSION CONDUCT COMMISSIONER v DORRIAN [2020] SASCFC 81 Supreme Court - Full Court 4/09/2020

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - ORDERS

ZAIDI v THE QUEEN [2020] SASCFC 93 Supreme Court - Court of Criminal Appeal 24/09/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

R v YAVUZ [2020] SASCFC 87 Supreme Court - Court of Criminal Appeal 14/09/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING COCAINE
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - CONSPIRACY - SCOPE OF CONSPIRACY - CONSPIRACY TO COMMIT CRIME - GENERALLY

RYAN v RSPCA OF SA INC [2020] SASC 176 Supreme Court 21/09/2020

​ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES - CAUSING UNNECESSARY PAIN AND CRUELLY ILLTREATING
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - DUPLICITY, AMBIGUITY AND UNCERTAINTY

BRISTOW v THE QUEEN [2020] SASCFC 91 Supreme Court - Court of Criminal Appeal 17/09/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE
CRIMINAL LAW - EVIDENCE - HEARSAY - PARTICULAR MATTERS - OTHER STATEMENTS
CRIMINAL LAW - EVIDENCE - RES GESTAE - STATEMENTS - PARTICULAR CASES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EFFECT OF MISDIRECTION OR NON-DIRECTION

SLOAN v SERVICE STREAM LIMITED (NO 3) [2020] SADC 132 District Court 21/09/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - SET-OFF OF COSTS

CARUSO v THE QUEEN [2020] SASC 174 Supreme Court 14/09/2020

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

GROOM v POLICE [2020] SASC 167 Supreme Court 17/09/2020

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FROM INTERLOCUTORY DECISIONS

COULTHARD v THE QUEEN [2020] SASC 173 Supreme Court 16/09/2020

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

O'TOOLE v ATKINS [2020] SASC 166 Supreme Court 11/09/2020

​MAGISTRATES - HEARING - PROCEDURAL FAIRNESS AND NATURAL JUSTICE
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

DISTRICT COUNCIL OF COOBER PEDY v NAUMOVIC (No 2) [2020] SASC 159 Supreme Court 25/08/2020

​COURTS AND JUDGES - CONTEMPT - PUNISHMENT AND ENFORCEMENT - PUNISHMENT - ORDER - NATURE OF PUNISHMENT
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

SOURIS v THE QUEEN [2020] SASC 171 Supreme Court 14/09/2020

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

TAS v THE QUEEN [2020] SASC 172 Supreme Court 15/09/2020

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

ADAMS v THE QUEEN [2020] SASC 168 Supreme Court 8/09/2020

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

HARRADINE v SRISAKHORN [2020] SADC 130 District Court 15/09/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT OR ORDER  - GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - GENERALLY - WHAT CONSTITUTES JUDGMENT OR ORDER

KING v OMBUDSMAN & ANOR [2020] SASCFC 90 Supreme Court - Full Court 15/09/2020

​ADMINISTRATIVE LAW - THE OMBUDSMAN - REVIEW OF OMBUDSMAN'S DECISIONS
ADMINISTRATIVE LAW - THE OMBUDSMAN - JURISDICTION
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS
COURTS AND JUDGES - COURTS - JURISDICTION AND POWERS - GENERAL PRINCIPLES

LESTER LAND HOLDINGS PTY LTD & ORS v THE DEVELOPMENT ASSESSMENT COMMISSION & ANOR [2020] SASC 170 Supreme Court 15/09/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - RELEVANT CONSIDERATIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - IRRELEVANT CONSIDERATIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - CONSENTS, APPROVALS AND PERMITS

KAYEMBE v RUIS [2020] SADC 125 District Court 2/09/2020

​LANDLORD AND TENANT - RENT
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS

R v BROOKER [2020] SASC 169 Supreme Court 11/09/2020

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

HOLT v BUNNEY [2020] SASCFC 89 Supreme Court - Full Court 10/09/2020

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - CONTRACT IMPLIED FROM CONDUCT OF PARTIES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE

R v KLOSS [2020] SASCFC 88 Supreme Court - Court of Criminal Appeal 10/09/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - CONCURRENT SENTENCES

BULLOCK v THE QUEEN (No 2) [2020] SASCFC 86 Supreme Court - Court of Criminal Appeal 10/09/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - PRACTICE AND PROCEDURE - SENTENCING

GLADE v THE QUEEN [2020] SASCFC 83 Supreme Court - Court of Criminal Appeal 8/09/2020

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

NGUYEN v POLICE [2020] SASC 164 Supreme Court 10/09/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE - EVIDENCE NOT AVAILABLE AT HEARING

RAYMOND PERLA (DECEASED) [2020] SASC 153 Supreme Court 14/08/2020

​EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - LIABILITY FOR BREACH OF TRUST - RELIEF FROM LIABILITY - GENERALLY
MENTAL HEALTH - GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS - OTHER MATTERS
SUCCESSION - ADMINISTRATION OF ESTATE - PAYMENT OF DEBTS: ORDER OF APPLICATION OF ASSETS - GENERALLY

ATTORNEY-GENERAL (SA) v RANKINE [2020] SASC 163 Supreme Court 8/09/2020

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - OTHER MATTERS

LANE v THE QUEEN [2020] SASCFC 82 Supreme Court - Court of Criminal Appeal 8/09/2020

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TOTALITY - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

PLAYERS P/L (IN LIQ) (RECEIVER APPOINTED) & ORS v CLONE P/L & ORS (No 3) [2020] SASC 165 Supreme Court 9/09/2020

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

HALL v THE QUEEN [2020] SASCFC 84 Supreme Court - Court of Criminal Appeal 8/09/2020

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

LAMBERT v THE QUEEN [2020] SASCFC 85 Supreme Court - Court of Criminal Appeal 8/09/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE

CREA v BEDROCK CONSTRUCTION AND DEVELOPMENT PTY LTD; BEDROCK CONSTRUCTION AND DEVELOPMENT PTY LTD v CREA & ANOR [2020] SADC 124 District Court 21/08/2020

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - VARIATIONS

R v FRASER [2020] SADC 127 District Court 2/09/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

MAYES v THE CITY OF ADELAIDE [2020] SADC 126 District Court 2/09/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL

MDM v THE QUEEN [2020] SASCFC 80 Supreme Court - Court of Criminal Appeal 3/09/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE - SEXUAL OFFENCES

WÄRTSILÄ AUSTRALIA PTY LTD (ACN 003 736 892) v PRIMERO GROUP LTD (ACN 149 964 045) & ORS [2020] SASC 162 Supreme Court 2/09/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - OTHER MATTERS

R v BECHARA [2020] SADC 123 District Court 2/09/2020

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

SLOAN v SERVICE STREAM LIMITED (NO 2) [2020] SADC 120 District Court 31/08/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - DEPRIVING SUCCESSFUL PARTY OF COSTS
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

LANG & ORS v DAVEY & ORS [2020] SASC 160 Supreme Court 28/08/2020

​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ADMISSIBILITY AND USE OF EXTRINSIC EVIDENCE IN AID OF CONSTRUCTION

ARETZIS PROPERTIES PTY LTD v CREATIVE COOKS PTY LTD & ORS [2020] SADC 119 District Court 28/08/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - SETTING ASIDE

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v AGNEW [2020] SASCFC 79 Supreme Court - Full Court 28/08/2020

​WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - ENTITLEMENTS REDEEMED OR COMMUTED TO A LUMP SUM - EFFECT OF LEGISLATIVE CHANGES
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - AMOUNT OF COMPENSATION IN CASE OF DEATH - GENERALLY
STATUTES - ACTS OF PARLIAMENT - REPEAL - SAVINGS AND TRANSITIONAL CLAUSES WITHIN REPEALING ACT
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - GENERAL MATTER DOES NOT DEROGATE FROM SPECIAL MATTER - APPLICATION TO PROVISIONS WITHIN SAME ACT

WICHEN v THE QUEEN [2020] SASC 157 Supreme Court 26/08/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

ADELAIDE BRIGHTON CEMENT LTD v HALLETT CONCRETE PTY LTD & ORS [2020] SASC 161 Supreme Court 28/08/2020

​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 - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - GENERALLY

R v SMITH [2020] SADC 117 District Court 28/08/2020

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

O'NEILL v THE QUEEN [2020] SASCFC 78 Supreme Court - Court of Criminal Appeal 26/08/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - CO-OPERATION WITH POLICE OR ASSISTANCE TO AUTHORITIES

DRAOUI v LE & ORS [2020] SASC 155 Supreme Court 21/08/2020

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

R v BENTON [2020] SADC 116 District Court 24/08/2020

​CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE

VANSETTEN v THE STATE OF SOUTH AUSTRALIA [2020] SASC 158 Supreme Court 25/08/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - 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

FAZCHE PTY LTD v MOUNZER & ORS [2020] SADC 113 District Court 17/08/2020

​PROFESSIONS AND TRADES - LAWYERS - LIENS - POSSESSORY LIEN - PRODUCTION OF DOCUMENTS

R v ANESBURY [2020] SADC 109 District Court 14/08/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE

R v LOWE [2020] SADC 92 District Court 16/07/2020

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

SLOAN v SERVICE STREAM LIMITED [2020] SADC 98 District Court 28/07/2020

​TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DAMAGE - CAUSATION
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - LOSS OF EARNINGS AND EARNING CAPACITY

ATKINS v DISTRICT COUNCIL OF COOBER PEDY [2020] SASC 156 Supreme Court - Magistrates Appeals 13/08/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
LOCAL GOVERNMENT - POWERS, FUNCTIONS AND DUTIES OF COUNCILS GENERALLY - PARTICULAR POWERS AND FUNCTIONS

KI SEAPORT PTY LTD (ACN 167 774 058) v ABSTRAXION PTY LTD (ACN 125 885 109) & ANOR (No 2) [2020] SASC 154 Supreme Court 20/08/2020

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

HARRISON & ANOR v HANCOCK & ORS (No 2) [2020] SADC 103 District Court 31/07/2020

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

SCHROEDER v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASCFC 77 Supreme Court - Full Court 18/08/2020

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - INJURY, DISEASE OR DISABILITY - OTHER MATTERS

R v SKY [2020] SADC 114 District Court 18/08/2020

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

MERICKA v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASC 152 Supreme Court 11/08/2020

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

R v KMP [2020] SADC 108 District Court 13/08/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - EVIDENCE - GENERALLY
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY - GENERALLY

R v ROMBOLA [2020] SASCFC 76 Supreme Court - Court of Criminal Appeal 13/08/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

R v SEPPELT [2020] SADC 111 District Court 14/08/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - PROOF OF AGE

DEFRANCESCA v RUBY LOANS PTY LTD & ANOR [2020] SADC 106 District Court 13/08/2020

​TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH
PROFESSIONS AND TRADES
EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - FIDUCIARY DUTY

FAZCHE PTY LTD v MOUNZER & ORS, FAZCHE PTY LTD v INTERNAL LYNX & ORS [2020] SADC 99 District Court 28/07/2020

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

JOHNSTON v ALDRIDGE [2020] SADC 110 District Court 12/08/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - ENFORCEMENT OF JUDGMENTS AND ORDERS

WARREN v POLICE [2020] SASC 145 Supreme Court - Magistrates Appeals 11/08/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ARSON AND LIKE OFFENCES - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - INJURY OR DAMAGE TO PROPERTY - SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE - CIRCUMSTANCES OF OFFENCE

DIRECTOR OF PUBLIC PROSECUTIONS (SA) v DISORGANIZED DEVELOPMENTS PTY LTD [2020] SASC 139 Supreme Court 11/08/2020

​COURTS AND JUDGES - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - REASONABLE APPREHENSION OF BIAS GENERALLY

G, AL [2020] SASC 144 Supreme Court 11/08/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - NON-PARTY INTERVENTION
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PARTIES AND REPRESENTATION - PROPER OR NECESSARY PARTY AND STANDING
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

HONGTAO LIU; JUNYING YAN V XIANGTING KONG (IN HER CAPACITY AS ADMINISTRATOR OF THE ESTATE OF THE DECEASED) & ORS [2020] SASC 143 Supreme Court 11/08/2020

​PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - PLAINTIFF OR APPLICANT - RESIDENT OUTSIDE JURISDICTION - GENERALLY
SUCCESSION - FAMILY PROVISION - PROCEDURE - ORDERS AND OTHER PROCEDURAL MATTERS - COSTS - OTHER MATTERS

BRK v POLICE [NO 2] [2020] SASC 151 Supreme Court 7/08/2020

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS - CASE STATED AND RESERVATION OF QUESTION OF LAW

CIROCCO CONSTRUCTIONS PTY LTD v CLARKE & ORS [2020] SADC 82 District Court 1/07/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - CROSS-CLAIMS: SET-OFF AND COUNTERCLAIM - SET-OFF - GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS

R v BELL [2020] SADC 107 District Court 7/08/2020

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

MINISTER FOR TRANSPORT, INFRASTRUCTURE & LOCAL GOVERNMENT v NEW WAVE AEROSPACE PTY LTD [2020] SASC 146 Supreme Court 10/08/2020

​REAL PROPERTY - FIXTURES TO LAND - WHAT ARE FIXTURES
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v HJS [2020] SASC 142 Supreme Court 7/08/2020

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

COOPER v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASC 140 Supreme Court 7/08/2020

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - PERSONS ENTITLED TO COMPENSATION

J, AD v THE QUEEN [2020] SASCFC 73 Supreme Court - Court of Criminal Appeal 3/08/2020

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - DELAY BETWEEN OFFENCE AND SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - GENERALLY
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 - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE

R v AKOL [2020] SASCFC 75 Supreme Court - Court of Criminal Appeal 7/08/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

R v HARRIS [2020] SASC 141 Supreme Court 7/08/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - SENTENCE

HILFY v THE QUEEN [2020] SASCFC 72 Supreme Court - Court of Criminal Appeal 31/07/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS

MARIN v CHIROPRACTIC BOARD OF AUSTRALIA [2020] SASCFC 74 Supreme Court - Full Court 5/08/2020

​PROFESSIONS AND TRADES - HEALTH CARE PROFESSIONALS - CHIROPRACTORS
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS

BROOKES v COMMISSIONER FOR CONSUMER AFFAIRS [2020] SADC 93 District Court 21/07/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEW OF PARTICULAR DECISIONS
PROFESSIONS AND TRADES - LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS - MOTOR VEHICLE TRADERS AND DEALERS

R v NDREKA [2020] SADC 101 District Court 29/07/2020

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

R v TERRACE [2020] SADC 105 District Court 31/07/2020

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