| Attachments |
Title |
Court |
Date |
Digest Heading |
|
|
R v PHAN [2017] SASCFC 70 |
Supreme Court - Court of Criminal Appeal |
23/06/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - EVIDENCE
CRIMINAL LAW - PROCEDURE - INTERPRETERS AND THE INTERPRETING OF EVIDENCE
EVIDENCE - ADMISSIBILITY - OPINION EVIDENCE - LAY OPINION - BASIS OF OPINION
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - VOICE IDENTIFICATION
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING - VOICE IDENTIFICATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES
|
|
|
STONE v CHAPPEL [2017] SASCFC 72 |
Supreme Court - Full Court |
22/06/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT
|
|
|
R v ARMISTEAD [2017] SADC 63 |
Supreme Court |
16/06/2017 |
EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS
|
|
|
CORPORATION OF THE CITY OF MARION v WC PROJECTS PTY LTD [2017] SASC 74 |
Supreme Court |
31/05/2017 |
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - GENERALLY - MATTERS TO BE CONSIDERED
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING SCHEMES AND INSTRUMENTS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW
|
|
|
R v LYBEROPOULOS [2017] SASC 92 |
Supreme Court |
20/06/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE |
|
|
R v T, S [2017] SASCFC 67 |
Supreme Court - Court of Criminal Appeal |
9/06/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - TEST TO BE APPLIED
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY - GENERALLY
EVIDENCE - ADMISSIBILITY - CREDIBILITY EVIDENCE - WITNESSES - PRIOR INCONSISTENT STATEMENTS
|
|
|
R v CULSHAW [2017] SADC 60 |
District Court |
15/06/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - DANGEROUS DRIVING - PROOF AND EVIDENCE
EVIDENCE - GENERAL - INSPECTION |
|
|
R v SUMMERS [2017] SADC 61 |
District Court |
15/06/2017 |
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - IRREGULARITIES |
|
|
APOSTOLAKOS v POLICE [2017] SASC 90 |
Supreme Court - Magistrates Appeals |
15/06/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - MISCELLANEOUS ROAD RULES - USE OF MOBILE PHONES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW
|
|
|
ATTORNEY-GENERAL v GROSSER (No 3) [2017] SASC 89 |
Supreme Court |
15/06/2017 |
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS
|
|
|
AUSTRALIAN ORTHOPAEDIC FIXATIONS PTY LTD v AMPLITUDE AUSTRALIA PTY LTD [2017] SASC 88 |
Supreme Court |
15/06/2017 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS
RESTITUTION - OTHER MATTERS
EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - FIDUCIARY DUTY
|
|
|
BILACZENKO v POLICE [2017] SASC 86 |
Supreme Court - Magistrates Appeals |
15/06/2017 |
CRIMINAL LAW - PROCEDURE - HEARING IN OPEN COURT AND IN PRESENCE OF ACCUSED - IN PRESENCE OF ACCUSED PERSON
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - OTHER IRREGULARITIES
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
|
|
|
BROWN v POLICE [2017] SASC 83 |
Supreme Court - Magistrates Appeals |
15/06/2017 |
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 - EXTENT OF OBLIGATION TO GIVE REASONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - GENERALLY
|
|
|
CLARKE v AAA MERCANTILE PTY LTD & ANOR [2017] SASC 84 |
Supreme Court - Magistrates Appeals |
15/06/2017 |
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS
|
|
|
JOHNSON v POLICE [2017] SASC 87 |
Supreme Court - Magistrates Appeals |
15/06/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - OFFENCES RELATING TO CONDITION OF VEHICLE
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ARREST AND DETENTION - EFFECTING ARREST - REASONABLE CAUSE
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - NATURE OF DISCRETION - GENERALLY
|
|
|
OUWENS CASSERLY REAL ESTATE PTY LTD & ORS v HARCOURTS SOUTH AUSTRALIA PTY LTD [2017] SASCFC 69 |
Supreme Court - Full Court |
15/06/2017 |
PROCEDURE - COSTS - AGREEMENTS AS TO COSTS
PROCEDURE - COSTS - APPEALS AS TO COSTS - DISCRETION
|
|
|
R v MUNN [2017] SASCFC 68 |
Supreme Court - Court of Criminal Appeal |
15/06/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - GENERALLY
|
|
|
WALLIS & ORS v WALLIS & ANOR [2017] SASC 91 |
Supreme Court |
1/06/2017 |
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - ORDERS FOR FURTHER AND BETTER DISCOVERY
EQUITY - EQUITABLE REMEDIES - EQUITABLE COMPENSATION
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES
|
|
|
ATTORNEY-GENERAL v GROSSER (No 2) [2017] SASC 85 |
Supreme Court |
9/06/2017 |
EVIDENCE - ADMISSIBILITY - GENERAL PRINCIPLES - CONDITIONALLY ADMITTED EVIDENCE
EVIDENCE - AFFIDAVITS AND STATUTORY DECLARATIONS - AFFIDAVITS - OTHER MATTERS
|
|
|
R v COLLOPY; R v COOLEY [2017] SASCFC 64 |
Supreme Court - Court of Criminal Appeal |
9/06/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - OTHER SUBSTANCES AND OFFENCES INVOLVING MULTIPLE SUBSTANCES OR OFFENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
|
|
|
R v PARRY [2017] SASCFC 66 |
Supreme Court - Court of Criminal Appeal |
9/06/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - MISDIRECTION AND NON-DIRECTION
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 - CONTROL OF PROCEEDINGS - ADJOURNMENT - GENERALLY
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - FINGERPRINTS
|
|
|
R v WILLIAMS [2017] SASCFC 65 |
Supreme Court - Court of Criminal Appeal |
9/06/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - NOTICES OF APPEAL - TIME FOR APPEAL AND EXTENSION THEREOF
|
|
|
R v PILLAR [2017] SASC 76 |
Supreme Court |
8/06/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES
|
|
|
SANTE WINES P/L v HEIRLOOM VINEYARDS WINE CO P/L & ANOR (No 2) [2017] SASC 80 |
Supreme Court - Magistrates Appeals |
6/06/2017 |
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES
|
|
|
CLEAR INTERIORS PTY LTD v SINERGIA CONSTRUCTION PROJECT MANAGEMENT PTY LTD [2017] SASC 79 |
Supreme Court |
2/06/2017 |
CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY
PROFESSIONS AND TRADES - BUILDERS - LICENCES AND REGISTRATION - OTHER MATTERS
|
|
|
ROCHE v ROCHE & ANOR (No 2) [2017] SASC 75 |
Supreme Court |
5/06/2017 |
SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - COSTS - GENERAL PRINCIPLES
|
|
|
WORKCOVER CORPORATION OF SOUTH AUSTRALIA v MOORE-MCQUILLAN [2017] SASC 78 |
Supreme Court |
31/05/2017 |
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - JUDGMENTS AND ORDERS
|
|
|
BR & BM INVESTMENTS PTY LTD ACN 008 128 612 & ORS v GENESEE & WYOMING AUSTRALIA PTY LTD ACN 079 444 296 & ANOR [2017] SASC 82 |
Supreme Court |
5/06/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - ORDERS FOR FURTHER AND BETTER DISCOVERY
|
|
|
KEYS v AUSTRALIAN EXECUTOR TRUSTEES LTD [2017] SASCFC 63 |
Supreme Court - Full Court |
31/05/2017 |
SUCCESSION - MAKING OF A WILL - STATUTORY POWER OF RECTIFICATION
|
|
|
R v BEST [2017] SASCFC 55 |
Supreme Court - Court of Criminal Appeal |
26/05/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE
|
|
|
R v GOLJA [2017] SASCFC 61 |
Supreme Court - Court of Criminal Appeal |
5/06/2017 |
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - SEARCH WARRANTS - GENERALLY, ISSUE AND VALIDITY - REASONABLE GROUNDS
|
|
|
R v WILLETT [2017] SASCFC 62 |
Supreme Court - Court of Criminal Appeal |
5/06/2017 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION - GENERALLY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER - GENERALLY
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE
|
|
|
TONKS v HOURIGAN [2017] SASC 77 |
Supreme Court |
1/06/2017 |
ENVIRONMENT AND PLANNING - POLLUTION - AIR POLLUTION - OFFENCES - PROCEDURE AND EVIDENCE
ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - SUPREME COURT - RIGHT OF APPEAL
|
|
|
KENT v REDHEAD [2017] SADC 55 |
District Court |
25/05/2017 |
DAMAGES - GENERAL PRINCIPLES
|
|
|
KOWALSKI v MITSUBISHI MOTORS AUST STAFF SUPERANNUATION FUND P/L & ANOR [2017] SADC 57 |
District Court |
31/05/2017 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS
ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL - IDENTITY OF ISSUES - CONSTRUCTION OF WILLS AND SETTLEMENTS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT - WHETHER CONCLUDED CONTRACT
|
|
|
R v HUYNH [2017] SADC 49 |
District Court |
11/05/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
|
|
|
R v SYKES [2017] SASCFC 59 |
Supreme Court - Court of Criminal Appeal |
31/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - GENERAL PRINCIPLES
|
|
|
R v TRAN [2017] SASCFC 60 |
Supreme Court - Court of Criminal Appeal |
31/05/2017 |
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 - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - SENTENCE
|
|
|
BRIDGET ANN BILLINGTON (DECEASED) [2017] SASC 73 |
Supreme Court |
26/05/2017 |
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - PASSING OVER OF EXECUTOR AND OTHER MATTERS
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - LIMITED, SPECIAL AND CONDITIONAL GRANTS OF PROBATE AND ADMINISTRATION - OTHER CASES
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - PUBLIC TRUSTEES AND CURATORS
|
|
|
DIAKOU NOMINEES PTY LTD (ACN 007 890 673) v GOUGER STREET PTY LTD (ACN 156 309 116) & ORS [2017] SASC 72 |
Supreme Court |
26/05/2017 |
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND PROVISIONS - PRESERVATION OF RIGHTS, LIABILITIES AND LEGAL PROCEEDINGS ON AMENDMENT, REPEAL, LAPSING ETC OF ACT OR PROVISION
TAXES AND DUTIES - LAND TAX - WHO ARE LIABLE AND IN RESPECT OF WHAT LANDS - LESSEES - VALIDITY AND CONSTRUCTION OF AGREEMENTS AS TO PAYMENT OF TAX
STATUTES - ACTS OF PARLIAMENT - OPERATION AND EFFECT OF STATUTES - RETROSPECTIVE OPERATION - AS REGARDS VESTED RIGHTS, PAST TRANSACTIONS, NEW RIGHTS, NEW LIABILITIES
|
|
|
KEUNG v ABBOTT & ANOR [2017] SASCFC 58 |
Supreme Court - Full Court |
26/05/2017 |
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION - GROUNDS FOR RESISTING PRODUCTION - LEGAL PROFESSIONAL PRIVILEGE - WHAT CONSTITUTES - PARTICULAR CASES
|
|
|
LATZ v AMACA P/L (FORMERLY JAMES HARDIE & CO P/L) [2017] SADC 56 |
District Court |
26/05/2017 |
TORTS - NEGLIGENCE
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES
DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES
|
|
|
MOTOR ACCIDENT COMMISSION v LESLIE & ANOR [2017] SADC 54 |
District Court |
25/05/2017 |
LIMITATION OF ACTIONS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS
|
|
|
R v GLOVER [2017] SASCFC 56 |
Supreme Court - Court of Criminal Appeal |
25/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - MISCELLANEOUS OFFENCES AND MATTERS
|
|
|
R v JAMES [2017] SASCFC 53 |
Supreme Court - Court of Criminal Appeal |
25/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM - SOUTH AUSTRALIA
|
|
|
R v CHOI; R v PEREIRA [2017] SASCFC 54 |
Supreme Court - Court of Criminal Appeal |
23/05/2017 |
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - EVIDENCE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - EVIDENCE - BURDEN AND STANDARD OF PROOF
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS
|
|
|
FLOWERS v LEGAL PROFESSION CONDUCT COMMISSIONER [2017] SASC 62 |
Supreme Court |
28/04/2017 |
ADMINISTRATIVE LAW - JUDICIAL REVIEW - STANDING TO INSTITUTE PROCEEDINGS - PARTICULAR CASES
PROFESSIONS AND TRADES - LAWYERS
|
|
|
HARCOURTS SOUTH AUSTRALIA PTY LTD v OUWENS CASSERLY REAL ESTATE PTY LTD & ORS (No 2) [2017] SADC 45 |
District Court |
28/04/2017 |
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE
|
|
|
M, S & ORS v THE PUBLIC TRUSTEE & ORS [2017] SASC 71 |
Supreme Court |
16/05/2017 |
SUCCESSION - FAMILY PROVISION - ELIGIBLE APPLICANTS - SPOUSE OR PARTNER
|
|
|
R v NEAL [2017] SASCFC 44 |
Supreme Court - Court of Criminal Appeal |
12/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL ALLOWED
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
|
|
|
R v SABET [2017] SADC 11 |
District Court |
10/02/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM
|
|
|
R v SLATER [2017] SASC 70 |
Supreme Court |
21/04/2017 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS
|
|
|
FIORA v DEVELOPMENT ASSESSMENT COMMISSION [2017] SASCFC 52 |
Supreme Court |
19/05/2017 |
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - CONSENTS, APPROVALS AND PERMITS - SUBDIVISION APPROVALS
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - CONTROL OF PARTICULAR MATTERS - SUBDIVISION - PRINCIPLES GOVERNING CONSENT OR APPROVAL - CONSIDERATION OF DEVELOPMENT PLAN
|
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|
OLIVER v ACN 007 870 484 P/L 7 ORS (No 3) [2017] SADC 52 |
District Court |
19/05/2017 |
|
|
|
R v DARLING [2017] SASCFC 46 |
Supreme Court - Court of Criminal Appeal |
18/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
|
|
|
R v FUSCO [2017] SASCFC 47 |
Supreme Court - Court of Criminal Appeal |
18/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - DOUBLE JEOPARDY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
|
|
|
R v SIMMONS [2017] SASCFC 49 |
Supreme Court - Court of Criminal Appeal |
19/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA - PARTICULAR CASES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - MISCELLANEOUS MATTERS - SOUTH AUSTRALIA - OTHER MATTERS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT
|
|
|
COMMUNITY LIVING OPTIONS INC v MCDOUGALL & ANOR (No 2) [2017] SADC 53 |
District Court |
18/05/2017 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT
EQUITY - TRUSTS AND TRUSTEES - THE CESTUI QUE TRUST
|
|
|
R v HOSKING [2017] SASCFC 50 |
Supreme Court - Court of Criminal Appeal |
18/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - CULTIVATION
|
|
|
R v MCGLYNN [2017] SASCFC 51 |
Supreme Court - Court of Criminal Appeal |
18/05/2017 |
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 - GROUNDS FOR INTERFERENCE - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
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MARTIN v ELECTORAL DISTRICTS BOUNDARIES COMMISSION (No 2) [2017] SASCFC 43 |
Supreme Court - Full Court |
15/05/2017 |
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - PUBLIC DUTY INVOLVED
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SNEL v BEENHAM [2017] SADC 51 |
District Court |
11/05/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - NATURE OF RIGHT - SCOPE AND EFFECT OF APPEAL |
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LESSES v MARAS [2017] SASCFC 48 |
Supreme Court - Full Court |
15/05/2017 |
DEFAMATION - ACTIONS FOR DEFAMATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION
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OTTOWAY ENGINEERING PTY LTD v ASC AWD SHIPBUILDER PTY LTD [2017] SASC 69 |
Supreme Court |
12/05/2017 |
ARBITRATION - THE AWARD - APPEAL OR JUDICIAL REVIEW - PROCEDURE - APPEALS AND LEAVE TO APPEAL - LEAVE TO APPEAL FROM DECISION OF ARBITRATOR - QUESTION OR ERROR OF LAW
ARBITRATION - THE AWARD - APPEAL OR JUDICIAL REVIEW - GROUNDS FOR REMITTING OR SETTING ASIDE - ERROR OF LAW
ARBITRATION - THE SUBMISSION AND REFERENCE - DISPUTE OR DIFFERENCE WITHIN THE MEANING OF AN ARBITRATION CLAUSE
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
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - IMPLIED TERMS
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R v NELSON [2017] SASCFC 40 |
Supreme Court - Court of Criminal Appeal |
8/05/2017 |
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENCE - CONSEQUENCES OF OFFENCE OR IMPACT ON VICTIM
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER - ABORIGINALITY - GENERALLY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER - SUBSTANCE ABUSE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
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SOLAR JUICE PTY LTD v MINTZ [2017] SADC 37 |
District Court |
13/04/2017 |
GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - OFFER AND ACCEPTANCE
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R v HOWAT [2017] SASCFC 41 |
Supreme Court - Court of Criminal Appeal |
10/05/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - MISCELLANEOUS OFFENCES AND MATTERS - FINANCIAL TRANSACTION OFFENCES
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SANDERY v KOWALSKI [2017] SASCFC 42 |
Supreme Court - Full Court |
9/05/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FROM INTERLOCUTORY DECISIONS - LEAVE TO APPEAL
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - GENERAL PRINCIPLES
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R v S, PD [2017] SADC 48 |
District Court |
9/05/2017 |
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS |
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ADAMS v HOLLOWAY & ORS [2017] SADC 50 |
District Court |
7/04/2017 |
EQUITY - TRUSTS AND TRUSTEES - THE CESTUI QUE TRUST |
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SANTE WINES P/L v HEIRLOOM VINEYARDS WINE CO P/L & ANOR [2017] SASC 65 |
Supreme Court |
5/05/2017 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - STATUTORY DEMAND - APPLICATION TO SET ASIDE DEMAND - FOR DEFECT OR SOME OTHER REASON
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POLICE v YARWOOD [2017] SASC 68 |
Supreme Court - Magistrates Appeals |
5/05/2017 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES
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BUZZACOTT v POLICE [2017] SASC 64 |
Supreme Court - Magistrates Appeals |
31/03/2017 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENCE - GENERALLY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER - GENERALLY
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MCNEILL v POLICE [2017] SASC 66 |
Supreme Court - Magistrates Appeals |
4/05/2017 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - REMISSION FOR REHEARING
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - OTHER MATTERS
TRAFFIC LAW - OFFENCES - PROCEDURE - SENTENCE AND PENALTY
TRAFFIC LAW - OFFENCES - PROCEDURE - INFORMATION AND COMPLAINT
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R v H, R [2017] SASC 67 |
Supreme Court |
5/05/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES - FALSE IMPRISONMENT AND UNLAWFUL DETENTION
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R v ROSENZWEIG [2017] SASC 51 |
Supreme Court |
2/03/2017 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - OTHER MATTERS
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WOOD v ADELAIDE RESOURCE RECOVERY PTY LTD (No 2) [2017] SASCFC 38 |
Supreme Court - Full Court |
1/05/2017 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT - PARTIAL SUCCESS
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PAPPAS v P & R ELECTRICAL WHOLESALERS PTY LTD & ANOR (NO 2) [2017] SADC 2 |
Supreme Court |
13/01/2017 |
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
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FABTECH AUST P/L v EXACT CONTRACTING P/L [2017] SADC 44 |
District Court |
28/04/2017 |
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
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MURN v BEESLEY [2017] SADC 46 |
District Court |
2/05/2017 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - GENERAL PRINCIPLES |
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RAMADAN v ACN 098 408 176 PTY LTD & ANOR [2017] SASC 63 |
Supreme Court |
28/04/2017 |
EQUITY - GENERAL PRINCIPLES - UNCONSCIONABILITY, UNCONSCIONABLE DEALINGS AND OTHER FORMS OF EQUITABLE FRAUD - SPECIAL DISABILITY
TRADE AND COMMERCE - TRADE PRACTICES ACT 1974 (CTH) AND RELATED LEGISLATION - CONSUMER PROTECTION - UNCONSCIONABLE CONDUCT - GENERALLY
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ROSS v PERPETUAL TRUSTEES VICTORIA LTD & ORS [2017] SASC 61 |
Supreme Court |
28/04/2017 |
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS
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CLIMATE CHANGE TECHNOLOGIES P/L v GLYNN & ORS [2017] SASC 60 |
Supreme Court |
1/05/2017 |
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - SERIOUS QUESTION TO BE TRIED
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - RELEVANT CONSIDERATIONS - BALANCE OF CONVENIENCE GENERALLY
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GROOM v STATE OF SA [2017] SASCFC 35 |
Supreme Court - Full Court |
1/05/2017 |
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
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MCFARLANE v LEGAL PROFESSION CONDUCT COMMISSIONER [2017] SASCFC 39 |
Supreme Court - Full Court |
1/05/2017 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT
PROCEDURE - COSTS |
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MCLEOD v THORPE & ANOR [2017] SADC 38 |
District Court |
13/04/2017 |
PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT
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R v GRINDLEY [2017] SADC 41 |
District Court |
20/04/2017 |
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF
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R v HERA-SINGH [2017] SADC 43 |
District Court |
26/04/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES
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R v QUIST [2017] SASCFC 37 |
Supreme Court - Court of Criminal Appeal |
28/04/2017 |
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - IN GENERAL - MISCARRIAGE OF JUSTICE - CIRCUMSTANCES INVOLVING MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
EVIDENCE - PROOF - CORROBORATION - FALSE DENIALS AND LIES
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - MOTIVE
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R v CONSTANT (No 2) [2017] SASCFC 36 |
Supreme Court - Court of Criminal Appeal |
27/04/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - IMPORT-EXPORT OFFENCES
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - REFORMATION AND REHABILITATION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - RECOGNISANCES
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R v KNIPE [2017] SASCFC 34 |
Supreme Court - Court of Criminal Appeal |
27/04/2017 |
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER
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 - GROUNDS FOR INTERFERENCE - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE
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