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
DE SA v THE QUEEN [2021] SASCFC 22 Supreme Court - Court of Criminal Appeal 13/04/2021

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA - GENERAL PRINCIPLES

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE


R v WISZNIEWSKI (No 2) [2021] SASC 35 Supreme Court 9/04/2021

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT​

R v B, RP [2021] SADC 9 District Court 9/02/2021

​CRIMINAL LAW - PROCEDURE - POWERS AND DUTIES OF PROSECUTION AS TO CALLING OF WITNESS AND PRESENTING EVIDENCE - UNRELIABLE AND HOSTILE WITNESSES

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


R v LADO [2021] SASC 33 Supreme Court 9/04/2021

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - GENERALLY

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


R v TARDREW [2021] SADC 7 District Court 3/02/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES​

AZADEGAN v POLICE [2021] SASC 34 Supreme Court 8/04/2021

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

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS

CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE


FLOWERS v FINLAYSON [2021] SASCA 21 Supreme Court - Court of Appeal 9/04/2021

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - TAXATION AND OTHER FORMS OF ASSESSMENT

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL


R v COBURN [2021] SADC 35 District Court 26/03/2021

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY​

HALL v THE QUEEN [2021] SASCFC 16 Supreme Court - Court of Criminal Appeal 4/03/2021

​CRIMINAL LAW - EVIDENCE

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

CRIMINAL LAW - EVIDENCE - CREDIBILITY - GENERALLY

CRIMINAL LAW - EVIDENCE - COMPLAINTS - GENERALLY


SADLER v DIRECTOR OF PUBLIC PROSECUTIONS & ANOR [2021] SASCA 20 Supreme Court - Court of Appeal 8/04/2021

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL

EVIDENCE - ADMISSIBILITY - EXCLUSIONS: PRIVILEGES - CLIENT LEGAL PRIVILEGE - SCOPE OF PRIVILEGE - LITIGATION OR ADVICE

EVIDENCE - ADMISSIBILITY - EXCLUSIONS: PRIVILEGES - CLIENT LEGAL PRIVILEGE - LOSS OF PRIVILEGE - IMPLIED WAIVER


SNODGRASS v THE QUEEN [2021] SASCFC 20 Supreme Court - Full Court 1/04/2021

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES

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

CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS


D'ANNUNZIO v WILLUNGA PROJECTS PTY LTD [2021] SADC 36 District Court 29/03/2021

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

INTELLECTUAL PROPERTY - COPYRIGHT - INFRINGEMENT - ARTISTIC WORKS


A PERSON v INDEPENDENT COMMISSIONER AGAINST CORRUPTION (No 3) [2021] SASC 31 Supreme Court 30/04/2021

​STATUTES - ACTS OF PARLIAMENT - INTERPRETATION

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - SCHEDULES

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - SPECIFIC INTERPRETATIONS - IN RELATION TO


HALL v CARNEY & ORS (NO 2) [2021] SASC 32 Supreme Court 31/03/2021

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS​

HOSANNA EXCELSIS ONE UNIVERSAL CHURCH INCORPORATED v PASTINA PTY LTD (No 2) [2021] SASCFC 19 Supreme Court - Full Court 31/03/2021

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

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - FREEZING ORDERS


R v TARDREW (No 2) [2021] SADC 37 District Court 1/04/2021

​CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS

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


ZEFI v THE QUEEN [2021] SASCA 15 Supreme Court - Court of Appeal 1/04/2021

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - MANUFACTURE, PRODUCTION OR CULTIVATION

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT


PERGOLETO v CHANDLER & ORS [2021] SASC 30 Supreme Court 24/03/2021

​SUCCESSION - FAMILY PROVISION - CIRCUMSTANCES PRECLUDING RELIEF

BANKRUPTCY - ADMINISTRATION OF PROPERTY - CONTRIBUTION OF BANKRUPT AND RECOVERY OF PROPERTY


R v SOUN [2021] SADC 32 District Court 26/03/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION​

WEETRA v THE QUEEN [2021] SASCA 19 Supreme Court - Court of Appeal 26/03/2021

​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 - SENTENCES ON TWO OR MORE COUNTS - OFFENCES ARISING OUT OF SAME TRANSACTION OR COURSE OF CONDUCT

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - SENTENCE

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - TRESPASS TO LAND


KIRKLAND v THE QUEEN [2021] SASCA 14 Supreme Court - Court of Appeal 25/03/2021

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - WHAT CONSTITUTES

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

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


KS v POLICE [2021] SASCA 12 Supreme Court - Court of Appeal 25/03/2021

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS


LI v L J HOOKER (ST PETERS, SA) [2021] SADC 33 District Court 22/12/2020

​LANDLORD AND TENANT - TERMINATION OF THE TENANCY​

LIDDICOAT v THE QUEEN [2021] SASCA 18 Supreme Court - Court of Appeal 25/03/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - MANUFACTURING, PRODUCING OR CULTIVATING - CANNABIS

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

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS


PIOTTO BROS CEMENT FLOORING PTY LTD v KYREN PTY LTD [2021] SADC 17 District Court 26/02/2021

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - OTHER MATTERS

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - DEDUCTIONS


POLICE v IRLAM [2021] SASCFC 13 Supreme Court - Court of Criminal Appeal 26/02/2021

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - TESTING AND ANALYSIS PROCEDURE - BREATH TEST AND ANALYSIS

TRAFFIC LAW - OFFENCES - EVIDENCE - OTHER MATTERS


SCYLLA v POLICE [2021] SASC 18 Supreme Court 26/02/2021

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - EVIDENCE - ADMISSIBILITY

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES - CONVICTIONS OF TRAFFIC OFFENCES RELATING TO OTHER MATTERS - DEMERIT POINTS


C v M [2021] SADC 29 District Court 12/04/2021

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

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

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - SPECIAL RELATIONSHIPS AND DUTIES - GOVERNMENT OR PUBLIC AUTHORITIES

EVIDENCE - WITNESSES IN GENERAL - IMMUNITIES

PUBLIC SERVICE - EMPLOYEES AND SERVANTS OF THE CROWN GENERALLY - LIABILITY OF CROWN FOR ACTS OF SERVANTS


CARPENTERI v REGISTRAR OF FIREARMS [2021] SASC 27 Supreme Court 17/03/2021

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENSING AND REGISTRATION - APPLICATION FOR LICENCE OR PERMIT - FIT AND PROPER PERSON

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION


DAVEY & ANOR v COLOVIC (No 2) [2021] SASC 29 Supreme Court 22/03/2021

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

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


ELRICK v THE QUEEN [2021] SASCA 13 Supreme Court - Court of Appeal 24/03/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

EVIDENCE - ADMISSIBILITY - TENDENCY, CO-INCIDENCE AND PROPENSITY


IACOVOU v ALPHONSE & ANOR [2021] SADC 27 District Court 19/03/2021

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

EVIDENCE – ADMISSIBILITY AND RELEVANCY – IN GENERAL – EVIDENCE UNLAWFULLY OR IRREGULARLY OBTAINED 

COMMUNICATIONS LAW - SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS - DEALING IN INFORMATION


MOORE v DULDIG & ORS [2021] SASC 26 Supreme Court 22/03/2021

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COMMENCING PROCEEDINGS - GENERALLY​

BURBY v POLICE [2021] SASC 28 Supreme Court 19/03/2021

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - OTHER MATTERS


NDREKA v THE QUEEN [2021] SASCA 11 Supreme Court - Court of Appeal 19/03/2021

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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - MANUFACTURE, PRODUCTION OR CULTIVATION


LEGAL PROFESSION CONDUCT COMMISSIONER v CLELAND [2021] SASCA 10 Supreme Court - Court of Appeal 17/03/2021

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY​

MCGREGOR v CLARE AND GILBERT VALLEYS COUNCIL AND SC HEINRICH P/L [2021] SADC 26 District Court 17/03/2021

​ENVIRONMENT AND PLANNING

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS


IRONWILL v ALLBUT & ANOR (No 2) [2021] SADC 24 District Court 16/03/2021

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT - EVENT: WHAT CONSTITUTES

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - DEPRIVING SUCCESSFUL PARTY OF COSTS - CONDUCT OF PARTY OR PROCEEDING - INFLATED CLAIMS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS - INFORMAL OFFERS AND CALDERBANK LETTERS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - INTEREST ON JUDGMENTS - TIME FROM WHICH INTEREST RUNS


JACKSON v ROYAL AUTOMOBILE CLUB OF SOUTH AUSTRALIA INCORPORATED [2021] SADC 25 District Court 17/03/2021

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

INSURANCE - CLAIMS GENERALLY - REFUSAL - GENERALLY

INSURANCE - TRAVEL INSURANCE


RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v SUMMERFIELD [2021] SASCFC 17 Supreme Court - Full Court 17/03/2021

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE

WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - AMOUNT OF COMPENSATION DURING INCAPACITY - LUMP SUM PAYMENTS - PERMANENT IMPAIRMENT AND LOSS


IN THE ESTATE OF BADGER (DECEASED) [2021] SASC 25 Supreme Court 12/03/2021

​EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY

SUCCESSION - ADMINISTRATION OF ESTATE - OTHER MATTERS


ROSE v SOUTH AUSTRALIAN HOUSING AUTHORITY [2021] SASCA 9 Supreme Court - Court of Appeal 12/03/2021

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES​

VISCARIELLO v THE LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL & ANOR [2021] SASCFC 18 Supreme Court - Full Court 12/03/2021

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

ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL

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


PAZMAN v PARAS [2021] SADC 22 District Court 12/03/2021

​REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL - PARTICULAR CASES​

WORLD WORKERS TRAINING CENTRE PTY LTD v THOMAS FOODS INTERNATIONAL MURRAY BRIDGE PTY LTD [2021] SADC 21 District Court 12/03/2021

​WORKERS' COMPENSATION - LIABILITY TO PAY COMPENSATION - LIABILITY OF PRINCIPAL FOR EMPLOYEE OF CONTRACTOR - ENTITLEMENT TO INDEMNITY FROM CONTRACTOR

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES


NITRAM GROUP PTY LTD v BOSTON BUILDING GROUP PTY LTD [2021] SADC 19 District Court 5/03/2021

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

ATKINS v DISTRICT COUNCIL OF COOBER PEDY [2021] SASCA 6 Supreme Court - Court of Appeal 5/03/2021

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

ATKINS v EASTMAN & CO ACCOUNTANTS AND FINANCIAL ADVISORS [2021] SASCA 7 Supreme Court - Court of Appeal 5/03/2021

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

BLONG UME NOMINEES PTY LTD & ORS v SEMWEB NOMINEES PTY LTD & ORS (No 2) [2021] SASC 22 Supreme Court 3/03/2021

​EQUITY - TRUSTS AND TRUSTEES - APPOINTMENT, REMOVAL AND ESTATE OF TRUSTEES - RETIREMENT AND REMOVAL - REMOVAL BY THE COURT - JURISDICTION AND POWERS

CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - OPPRESSIVE OR UNFAIR CONDUCT

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION


R v W [2021] SADC 20 District Court 9/03/2021

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

CLUTTERBUCK v POLLIFRONE [2021] SADC 15 District Court 19/02/2021

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

DIXON v POLICE [2021] SASC 24 Supreme Court 5/03/2021

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

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

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


CALABRO v BEAUDOIN [2021] SASCA 5 Supreme Court - Court of Appeal 4/03/2021

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS


DE PASQUALE v ASCF MANAGED INVESTMENTS PTY LTD (ACN 106 424 088) [2021] SASC 21 Supreme Court 2/03/2021

​REAL PROPERTY - TORRENS TITLE - INDEFEASIBILITY OF TITLE - EXCEPTIONS TO INDEFEASIBILITY

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - HARSH AND UNCONSCIONABLE CONTRACTS AND STATUTORY REMEDIES

EQUITY - GENERAL PRINCIPLES - UNCONSCIONABILITY, UNCONSCIONABLE DEALINGS AND OTHER FORMS OF EQUITABLE FRAUD - SPECIAL DISABILITY


KRONI v THE QUEEN [2021] SASCFC 15 Supreme Court - Court of Criminal Appeal 2/03/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE

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


ATKINS v POLICE [2021] SASC 19 Supreme Court 1/03/2021

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

CRIMINAL LAW - PROCEDURE - COSTS - POWER TO AWARD

TRAFFIC LAW - OFFENCES - PROCEDURE - COSTS


KOWALSKI v STANLEY & PARTNERS & ANOR [2021] SASC 23 Supreme Court 3/03/2021

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

PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - VEXATIOUS LITIGANTS, PROCEEDINGS AND RELATED MATTERS - VEXATIOUS LITIGANT

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 - OTHER MATTERS


R v GRUNDY [2021] SASCA 4 Supreme Court - Court of Appeal 3/03/2021

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS

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


R v PATEL [2021] SADC 18 District Court 26/02/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

CRIMINAL LAW - EVIDENCE


R v AKS [2021] SADC 14 District Court 19/02/2021

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

IN THE ESTATE OF MUNCHENBERG (DECEASED) [2021] SASC 15 Supreme Court 26/02/2021

​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - READING WILL AS A WHOLE​

IN THE ESTATE OF NEMER (DECEASED) [2021] SASC 14 Supreme Court 24/02/2021

​EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY

SUCCESSION - ADMINISTRATION OF ESTATE - OTHER MATTERS


MAROULIS v PSYCHOLOGY BOARD OF AUSTRALIA [2021] SASC 16 Supreme Court 26/02/2021

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

PROFESSIONS AND TRADES - HEALTH CARE PROFESSIONALS - MEDICAL PRACTITIONERS - DISCIPLINARY PROCEEDINGS - PROCEEDINGS BEFORE BOARDS, TRIBUNALS, ETC

PROFESSIONS AND TRADES - HEALTH CARE PROFESSIONALS - MEDICAL PRACTITIONERS - DISCIPLINARY PROCEEDINGS - PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT - GENERALLY


THE CORPORATION OF THE CITY OF UNLEY v CRICHTON & ANOR [2021] SASC 17 Supreme Court 26/02/2021

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST ACQUITTAL

ENVIRONMENT AND PLANNING - TREES, VEGETATION AND HABITAT PROTECTION

ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - WHEN CONSENT REQUIRED - MEANING OF DEVELOPMENT


RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v MOORE-MCQUILLAN [2021] SASCFC 14 Supreme Court - Full Court 25/02/2021

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

LEGAL PROFESSION CONDUCT COMMISSIONER v DAVEY [2021] SASCA 2 Supreme Court - Court of Appeal 12/02/2021

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY

PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - JURISDICTION


THE STATE OF SOUTH AUSTRALIA v KEN & ORS [2021] SASC 10 Supreme Court 19/02/2021

​HEALTH LAW - BURIAL AND CREMATION - BODIES AND GRAVES

HEALTH LAW - BURIAL AND CREMATION - POWERS OF AUTHORITIES

PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS


CHESHIRE & ANOR v JENNINGS & ANOR (NO 2) [2021] SASCFC 11 Supreme Court - Full Court 19/02/2021

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES

CONTRACTS - PARTICULAR PARTIES - VENDOR AND PURCHASER


HELPS v THE QUEEN (No 3) [2021] SASCFC 10 Supreme Court - Court of Criminal Appeal 19/02/2021

​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 - AVAILABILITY AT TRIAL

CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWER TO BRING APPEAL - GENERALLY


STERN v CITY OF ADELAIDE [2021] SASCA 3 Supreme Court - Court of Appeal 19/02/2021

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - BREACH OF STOPPING AND PARKING RESTRICTIONS - OTHER CASES

TRAFFIC LAW - DEFINITIONS - OTHER DEFINITIONS


R v BURDON [2021] SADC 5 District Court 1/02/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY​

KM v CHIEF EXECUTIVE OF THE DEPARTMENT OF CHILD PROTECTION & ORS [2021] SASC 9 Supreme Court 8/02/2021

​FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION - CHILDREN IN NEED OF PROTECTION - PROCEEDINGS RELATING TO CARE AND PROTECTION

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT


R v CATANZARITI (No 2) [2021] SADC 12 District Court 25/06/2020

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY​

R v CATANZARITI [2021] SADC 11 District Court 11/02/2021

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY​