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RECENT JUDGMENTS

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Received 10 February

In the Estate of Winter (deceased) [2012] SASC 16
Supreme Court, Gray J, 9 February 2012
Succession - Wills, Probate And Administration - The Making Of A Will - Execution - Informal Document Intended To Be Will - South Australia - Other Cases
Succession - Wills, Probate And Administration - The Making Of A Will - Revocation - Methods Of Revocation - Other Wills, Codicils Or Writings

Kalomel Nominees P/L & anor v Commissioner of State Taxation [2012] SASC 10
Supreme Court, Gray J, 3 February 2012
Taxes And Duties - Land Tax - Who Are Liable And In Respect Of What Lands - Owners - In General
Taxes And Duties - Land Tax - Objections And Appeals - In General

David Jones Ltd v BI (Contracting) P/L [2012] SADC 7
District Court, Jennings DCJ, 8 February 2012
Procedure

Received 9 February

Scheving v Police [2012] SASC 15
Supreme Court, Magistrates Appeals, Vanstone J, 7 February 2012
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
Criminal Law - Sentence - Sentencing Orders - Discretion To Record Conviction - Relevant Considerations

Clone P/L v Players P/L (In Liquidation) (Receivers Appointed) & ors [2012] SASC 12
Supreme Court, Kourakis J, 3 February 2012
Procedure - Contempt, Attachment And Sequestration - Contempt - What Constitutes - Breach Of Undertaking To Court
Procedure - Discovery And Interrogatories - Discovery And Inspection Of Documents - Production And Inspection - Grounds For Resisting Production - Client Legal Privilege

Received 8 February

Jaspers v Prospect City Council [2012] SADC 6
District Court, McIntyre DCJ, 3 February 2012
Torts - Negligence - Contributory Negligence

Damages - Measure And Remoteness Of Damages In Actions For Tort - Measure Of Damages - Personal Injuries - Loss Of Earnings And Earning Capacity

Damages - General Principles - General And Special Damages

Received 7 February

The Registrar of Motor Vehicles v Thiele [2012] SASCFC 5
Supreme Court, Full Court, 7 February 2012
Appeal And New Trial - Appeal - Practice And Procedure - South Australia - When Appeal Lies - By Leave Of Court - Generally
Appeal And New Trial - Appeal - General Principles - Interference With Judge's Findings Of Fact - Functions Of Appellate Court - Other Findings

Received 3 February

Global Investment House P/L v Murdock & anor [2012] SASC 13
Supreme Court, Lunn J, 2 February 2012
Procedure

Archonstruct P/L v Karalis & ors (No 4) [2012] SADC 5
District Court, Nicholson DCJ, 1 February 2012
Procedure - Judgments And Orders - Effect Of Judgments
Procedure - Judgments And Orders - Satisfaction And Set-Off Of Judgments
Interest - Recoverability Of Interest - In General

Received 1 February

Hollick v Police [2012] SASC 11
Supreme Court, Magistrates Appeals, Nyland J, 1 February 2012
Criminal law - Sentencing - sentence manifestly excessive - appellant's conduct contumacious - appeal dismissed

Received 31 January

HSBC Bank Australia Ltd v Russo [2012] SASC 9
Supreme Court, Lunn J, 27 January 2012
Real property - application for relief under s 55A(3) of Law of Property Act

Klinovski v Jovanovic [2012] SADC 4
District Court, Clayton DCJ, 24 January 2012
Family law and child welfare - de facto relationships - adjustment of property interests

Received 30 January

Spring v Police [2012] SASC 7
Supreme Court, Magistrates Appeals, Kourakis J, 12 January 2012
Criminal law - Traffic offences - sentence and penalty - whether forfeiture of vehicle would cause undue hardship

Kowalski v Bourne [2012] SASC 6
Supreme Court, Magistrates Appeals, Kourakis J, 13 January 2012
Criminal law - Appeals - whether historic civil matters agitated under guise of a criminal prosecution - criminal information stayed as abuse of process

Received 27 January

Kraguljac v A & B Property Developments P/L (No 2) [2012] SASC 1
Supreme Court, Kourakis J, 13 January 2012
Contracts - Breach of contract - repudiation and non-performance

Received 25 January

Police v Payne [2012] SASC 8
Supreme Court, Magistrates Appeals, Peek J, 25 January 2012
Criminal law - Sentencing - suspended sentence - general principles

Gerblich v Smart World Enterprises P/L (No 2) [2012] SASC 5
Supreme Court, Lunn J, 23 January 2012
Corporations - Winding up order - application to terminate or stay a winding up order

Police v Dolphin [2012] SASC 3
Supreme Court, Magistrates Appeals, Peek J, 25 January 2012
Criminal law - Sentencing - discretion to record conviction

Received 23 January

White v Webb & anor [2012] SASC 4
Supreme Court, Lunn J, 20 January 2012
Costs - Rights of non-parties to recover costs

Received 20 January

Reg v James [2012] SADC 2
District Court, Trial by Judge Alone, Cuthbertson DCJ, 19 January 2012
Criminal Law - Traffic offences - aggravated causing death by dangerous driving

Received 19 January

Reg v Belczacki [2012] SASCFC 4
Supreme Court, Court of Criminal Appeal, 18 January 2012
Criminal Law - Appeals - appeal against sentence - grounds for interference
Criminal Law - Sentencing - procedure - sentences of two or more counts

ANZ Banking Group Ltd v Williams & anor; ANZ Banking Group Ltd v Willsmore & anor [2012] SASC 2
Supreme Court, Lunn J, 16 January 2012
Real property - reasons on mortgagees' applications for possession