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
SHAW v BHP BILLITON LTD [2015] SADC 3 District Court 21/01/2015

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE

ECHUNGA FOOTBALL CLUB INC v HILLS FOOTBALL LEAGUE INC [2014] SASC 201 Supreme Court 22/12/2014

​ASSOCIATIONS AND CLUBS - INCORPORATED ASSOCIATIONS
INTERPRETATION - GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS - GENERAL MATTERS
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - DECLARATIONS - APPROPRIATE FORM OF RELIEF - DISCRETION OF COURT
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INJUNCTIONS FOR PARTICULAR PURPOSES

MEJAC GROUP PTY LTD v FOSHAN QIKANG IMPORT & EXPORT CO LTD [2015] SASC 3 Supreme Court - Magistrates Appeals 20/01/2015

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

BENDIGO & ADELAIDE BANK LTD v CHARATSIS [2015] SADC 1 District Court 13/01/2015
GARWOLI v GARWOLI [2015] SASC 1 Supreme Court 14/01/2015

REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - EXTENSION

SQUIRE & SQUIRE v SOUTH AUSTRALIAN HOUSING TRUST [2015] SADC 2 District Court 16/01/2015

LANDLORD AND TENANT - TERMINATION OF THE TENANCY

ACQUISTA INVESTMENTS PTY LTD & ANOR v THE URBAN RENEWAL AUTHORITY & ORS [2014] SASC 206 Supreme Court 24/12/2014

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT
ADMINISTRATIVE LAW - JUDICIAL REVIEW - STANDING TO INSTITUTE PROCEEDINGS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - DELEGATION OF POWER
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - IRRELEVANT CONSIDERATIONS

VISCARIELLO v MACKS [2014 SASC] 189 Supreme Court 9/12/2014

CORPORATIONS - VOLUNTARY ADMINISTRATION - ADMINISTRATOR - FUNCTIONS, POWERS, RIGHTS AND LIABILITIES GENERALLY
CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - FIDUCIARY AND RELATED STATUTORY DUTIES - OF CARE, SKILL AND DILIGENCE
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - PROFESSIONAL PERSONS

TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - OFFICERS OF INSOLVENT CORPORATIONS - GENERALLY
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - OFFENCES - CONTRAVENTION OF PROVISIONS OF ACT
CORPORATIONS - WINDING UP - LIQUIDATORS - SUPERVISION OF LIQUIDATORS
CORPORATIONS - WINDING UP - LIQUIDATORS - REMOVAL - IN VOLUNTARY WINDING UP - GROUNDS
CORPORATIONS - WINDING UP - LIQUIDATORS - DUTIES AND LIABILITIES - IN VOLUNTARY WINDING UP

BHP BILLITON LIMITED v VAN SOEST [2014] SASCFC 135 Supreme Court - Full Court 19/12/2014

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES - AS BETWEEN EMPLOYER AND EMPLOYEE
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES - DANGEROUS THINGS OR SUBSTANCES
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - STANDARD OF CARE - GENERALLY
EMPLOYMENT LAW - LIABILITY AT COMMON LAW FOR INJURY AT WORK - NATURE AND EXTENT OF LIABILITY - GENERALLY

DONNELLY v POLICE [2014] SASC 193 Supreme Court - Magistrates Appeals 17/12/2014

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 SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - SENTENCE

FLEET SA - SOUTH AUSTRALIAN GOVERNMENT FINANCING AUTHORITY v THOMAS LUKE TRANSPORT [2014] SASC 194 Supreme Court - Magistrates Appeals 16/12/2014

TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - ACTIONS FOR NEGLIGENCE - APPORTIONMENT OF DAMAGES - GENERALLY

GODFREY v POLICE [2014] SASC 190 Supreme Court - Magistrates Appeals 11/12/2014

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY

LANDMARK OPERATIONS LTD v TEMARU HOLDINGS PTY LTD AND ANOR [2014] SADC 142 District Court 27/08/2014

GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - CONSIDERATION - GENERALLY

ESTOPPEL

LANDMARK OPERATIONS v TEMARU HOLDINGS PTY LTD AND ANOR (No 2) [2014] SADC 221 District Court 24/12/2014

GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - CONSIDERATION - GENERALLY

NICHOLLS [2014] SASC 204 Supreme Court 24/12/2014

SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - ALTERATIONS, ADDITIONS AND INTERLINEATIONS - GENERALLY
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DESTRUCTION OR MUTILATION, OR STRIKING OUT PORTIONS - GENERALLY

 

R v CASHION [2014] SASCFC 138 Supreme Court - Court of Criminal Appeal 23/12/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - MAXIMUM SENTENCE - GENERALLY

R v STEELE (No 4) [2014] SASC 205 Supreme Court 24/12/2014

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

LINKE DEVELOPMENTS PTY LTD v 21ST CENTURY DEVELOPMENTS PTY LTD [2014] SASC 203 Supreme Court - Magistrates Appeals 22/12/2014

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - PAYMENT CLAIMS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - PURPOSIVE APPROACH - GENERAL PRINCIPLES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

ADX BUILDING SYSTEMS P/L v MACLEOD & ORS [2014] SADC 212 District Court 19/12/2014

​GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - PARTIES AND CAPACITY

PERKS v COMMUNITY CORPORATION 024302 INC NO.2 [2014] SADC 215 District Court 19/12/2014

​REAL PROPERTY

R v KEOGH (No 2) [2014] SASCFC 136 Supreme Court - Court of Criminal Appeal 19/12/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWER TO BRING APPEAL - GENERALLY

R v KEOGH (No 3) [2014] SASCFC 137 Supreme Court - Court of Criminal Appeal 19/12/2014

​EVIDENCE - DOCUMENTARY EVIDENCE - STATUTORY PROVISIONS RELATING TO BUSINESS RECORDS - IN GENERAL
EVIDENCE - DOCUMENTARY EVIDENCE - STATUTORY PROVISIONS AS TO STATEMENTS IN DOCUMENTS WHERE DIRECT ORAL EVIDENCE ADMISSIBLE - WHERE MAKER OF STATEMENT NOT ATTENDING AS WITNESS

R v SINGH [2014] SADC 218 District Court 11/11/2014

​EVIDENCE - ADMISSIBILITY AND RELEVANCY - IN GENERAL - EVIDENCE UNLAWFULLY OR IRREGULARLY OBTAINED

BONI v LARWOOD & ORS [2014] SASC 185 Supreme Court 8/12/2014

HEALTH LAW - BURIAL AND CREMATION - BODIES AND GRAVES

HEALTH LAW - BURIAL AND CREMATION - OTHER MATTERS

GREEN v POST [2014] SASC 195 Supreme Court 18/12/2014

MENTAL HEALTH - MANAGEMENT AND ADMINISTRATION OF PROPERTY - PROTECTION ORDERS

KOWALSKI v STANLEY & PARTNERS & ANOR [2014] SASC 198 Supreme Court 17/12/2014

PROCEDURE - COSTS - TAXATION

R v BROUGHAM [2014] SASC 196 Supreme Court 17/12/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INTOXICATION - PARTICULAR OFFENCES - MURDER

R v DOYLE [2014] SASC 199 Supreme Court 18/12/2014

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

RNTT PTY LTD v CONSTABLE (NO 2) [2014] SADC 213 District Court 19/12/2014

DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT - GENERAL
DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

KONG v COMMISSIONER FOR CORPORATE AFFAIRS [2014] SASC 197 Supreme Court - Magistrates Appeals 17/12/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - OTHER FRAUDS AND IMPOSITIONS - OTHER OFFENCES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - RESTITUTION OR REPARATION
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OFFENDER

BATTLE v POLICE [2014] SASC 191 Supreme Court - Magistrates Appeals 16/12/2014

​MAGISTRATES - ORDERS AND CONVICTIONS - SETTING ASIDE OR AMENDMENT OF ORDERS OR CONVICTIONS - ORDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

BERTI v POLICE (No 2) [2014] SASC 188 Supreme Court - Magistrates Appeals 15/12/2014

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - MISCARRIAGE OF JUSTICE

PETERS v POLICE [2014] SASC 192 Supreme Court - Magistrates Appeals 17/12/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - MISCELLANEOUS OFFENCES AND MATTERS - VAGRANCY, PROSTITUTION AND KINDRED OFFENCES - DRUNKENNESS IN A PUBLIC PLACE AND HABITUAL DRUNKENNESS
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY

R v M, JR [2014] SADC 211 District Court 16/12/2014

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

DISTRICT COUNCIL OF COOBER PEDY v ABORIGINAL FAMILY SUPPORT SERVICES [2014] SASCFC 133 Supreme Court - Full Court 28/11/2014

​ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL

SVILANS v POLICE [2014] SASC 173 Supreme Court - Magistrates Appeals 6/11/2014

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - WHERE POINT NOT RAISED IN COURT BELOW
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
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRELIMINARY PROCEDURE - TIME FOR APPEAL AND EXTENSION OF

HALLS v THE REGISTRAR OF MOTOR VEHICLES OF SA, DEPARTMENT OF PLANNING, TRANSPORT AND INFRASTRUCTURE [2014] SADC 204 District Court 5/12/2014

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES

MCNAMARA v POLICE [2014] SASC 187 Supreme Court - Magistrates Appeals 10/12/2014

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - EVIDENCE - BREATH TEST AND ANALYSIS
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - EVIDENCE - BLOOD TEST AND ANALYSIS

R v KHAN (No 2) [2014] SADC 207 District Court 11/12/2014

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

R v KHAN [2014] SADC 206 District Court 11/12/2014

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

R v WILTON & HALLION [2014] SADC 205 District Court 11/12/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - PROOF AND EVIDENCE

YATES & ANOR v JAMISON NOMINEES P/L [2014] SADC 209 District Court 11/12/2014

LANDLORD AND TENANT - TERMINATION OF THE TENANCY

R v LUTZE [2014] SASCFC 134 Supreme Court - Court of Criminal Appeal 10/12/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT - TO ADMIT NEW EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY

WHYALLA ELECTRICAL DISCOUNTERS PTY LTD v NARTA INTERNATIONAL PTY LTD [2014] SASC 186 Supreme Court 8/12/2014

​CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - OPPRESSIVE OR UNFAIR CONDUCT - RELIEF - GENERALLY
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - RELEVANT CONSIDERATIONS - BALANCE OF CONVENIENCE GENERALLY

GOLDEN KING (AUSTRALIA) PTY LTD v DIETMAN [2014] SASC 183 Supreme Court - Magistrates Appeals 8/12/2014

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PRIMARY INDUSTRY - FISH - REGULATION - PERMIT OR LICENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY

LEHMANN v THE REGISTRAR OF THE VETERINARY SURGEONS BOARD OF SA [2014] SADC 201 District Court 2/12/2014

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - GENERALLY
PROFESSIONS AND TRADES - OTHER PROFESSIONS, TRADES OR CALLINGS - VETERINARY SURGEONS - QUALIFICATION, REGISTRATION AND DISCIPLINE

DAWSON v EICAS [2014] SADC 151 District Court 29/08/2014

​TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - FAILURE TO LOOK-OUT - GENERALLY
TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - FAILURE TO GIVE WARNINGS OR SIGNALS
TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - PARTICULAR CASES - ROAD ACCIDENT CASES
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES

INSTANT SECURITY DOORS & SCREENS PTY LTD v TREBILCOCK (No 2) [2014] SADC 186 District Court 11/11/2014

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

LOVRINOV v JUSUFOVIC [2014] SADC 203 District Court 5/12/2014

​PROCEDURE

MCINNES v DAVIES [2014] SASC 184 Supreme Court 5/12/2014

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL
CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - CAVEATS AGAINST DEALINGS - LAPSE, REMOVAL AND WITHDRAWAL
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - INJUNCTIONS TO PRESERVE STATUS QUO AND PROPERTY PENDING DETERMINATION OF RIGHTS
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - SERIOUS QUESTION TO BE TRIED

KOWALSKI v LIESCHKE & WEATHERILL LAWYERS [2014] SASC 182 Supreme Court 1/12/2014

​PROCEDURE - COSTS - TAXATION - REVIEW

R v K, B [2014] SADC 200 District Court 20/11/2014

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY - DISEASE OF THE MIND, MENTAL DISEASE OR MENTAL INFIRMITY

ARGUS GROUP PTY LTD v LITIGATION LENDING SERVICES LTD [2014] SASC 181 Supreme Court 28/11/2014

​CORPORATIONS - LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS - EXTERNAL LITIGATION PROCEDURE - APPEARANCE IN COURT BY COMPANY AND REPRESENTATION
CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER

COMMANE v DEPARTMENT OF PUBLIC TRANSPORT SERVICES [2014] SADC 196 District Court 18/11/2014

​MAGISTRATES
PROCEDURE - JUDGMENTS AND ORDERS - IN GENERAL

MENZ v MENZ [2014] SASC 180 Supreme Court 28/11/2014

​SUCCESSION - MAKING OF A WILL - EXECUTION - GENERALLY - PRESUMPTION AND EVIDENCE OF DUE EXECUTION
SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - GENERALLY

MICHALAKAS v POWELL [2014] SASCFC 132 Supreme Court - Full Court 28/11/2014

​CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER

POLICE v WILLIAMS [2014] SASC 177 Supreme Court - Magistrates Appeals 27/11/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - DANGEROUS DRIVING - PROOF AND EVIDENCE
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - DNA EVIDENCE
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ABORIGINALS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

WORKCOVER CORP v JOHN HOLLAND GROUP P/L [2014] SADC 202 District Court 21/11/2014

​PROCEDURE

BURTON v GROCKE & ORS [2014] SADC 195 District Court 28/11/2014

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

R v GRYZBOWICZ [2014] SADC 192 District Court 18/11/2014

CRIMINAL LAW

R v ROCKFORD [2014] SADC 199 District Court 27/11/2014

CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ENTRY
CRIMINAL LAW - PARTICULAR OFFENCES
ALLEN v CHADWICK (No 2) [2014] SASCFC 130 Supreme Court - Full Court 24/11/2014

TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - GENERALLY

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - WHERE MONEY PAID INTO COURT OR OFFER OF COMPROMISE MADE - OFFER OF COMPROMISE MADE

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

COMMONWEALTH BANK OF AUSTRALIA v SA LENDING CENTRE & ORS [2014] SASC 178 Supreme Court 26/11/2014

​MORTGAGES - MORTGAGEE'S REMEDIES - POSSESSION - RIGHTS AND LIABILITIES OF MORTGAGEE IN POSSESSION

MARGUSH v MADDEFORD [2014] SASCFC 129 Supreme Court - Full Court 25/11/2014

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v BOATSWAIN [2014] SADC 167 District Court 7/10/2014

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

R v LAWRIE [2014] SADC 194 District Court 21/11/2014

​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 RELATING TO THE ADMINISTRATION OF JUSTICE - PERVERTING THE COURSE OF JUSTICE

R v NOVAKOVICH [2014] SASC 179 Supreme Court 26/11/2014

​CRIMINAL LAW - PROCEDURE - PROSECUTION - COMMITTAL FOR TRIAL BY JUSTICE OR CORONER
CRIMINAL LAW - PROCEDURE - POWERS AND DUTIES OF PROSECUTION AS TO CALLING OF WITNESS AND PRESENTING EVIDENCE - GENERALLY

R v SCOTT [2014] SASCFC 131 Supreme Court - Court of Criminal Appeal 21/11/2014

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - REFORMATION AND REHABILITATION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

R v WILSON [2014] SADC 139 District Court 15/08/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON