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
R v BEDNARZ [2014] SASCFC 126 Supreme Court - Full Court 21/11/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - PARITY BETWEEN CO-OFFENDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS

GARDNER v PERSSE [2014] SASC 174 Supreme Court - Magistrates Appeals 19/11/2014

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS
PROFESSIONS AND TRADES - LAWYERS - UNQUALIFIED PERSONS AND DISQUALIFIED PRACTITIONERS - ACTING AS SOLICITOR

GROOM v POLICE [2014] SASCFC 125 Supreme Court - Full Court 19/11/2014

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

KNIGHT & MATHEWS v MALINKO [2014] SADC 193 District Court 18/11/2014

​LANDLORD AND TENANT - TERMINATION OF THE TENANCY

MCDERMOTT v POLICE [2014] SASC 175 Supreme Court - Magistrates Appeals 19/11/2014

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - FAILURE TO EXERCISE DISCRETION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS

GHAN v GHAN [2014] SASC 176 Supreme Court 18/11/2014

​SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - GENERALLY

CLIFTON & HALL v THE BERRI CLUB INCORPORATED [2014] SASC 170 Supreme Court 14/11/2014

​CORPORATIONS - MANAGEMENT AND ADMINISTRATION - MEETINGS - MEETINGS OF DIRECTORS - QUORUM
CORPORATIONS - SUPERVISION - COURTS - POWERS - AS TO IRREGULARITIES
ASSOCIATIONS AND CLUBS - INCORPORATED ASSOCIATIONS

HALLORAN AND ANOR v WANDEL [2014] SADC 190 District Court 17/11/2014

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS

KEDEM v JOHNSON LAWYERS LEGAL PRACTICE PTY LTD [2014] SASC 168 Supreme Court 7/11/2014

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - OTHER MATTERS - COSTS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUBMISSION TO JURISDICTION
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
PROCEDURE - COSTS - TAXATION

R v BARNES (No 2) [2014] SASCFC 123 Supreme Court - Court of Criminal Appeal 13/11/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - DANGEROUS DRIVING - GENERALLY

R v COLEMAN [2014] SASCFC 121 Supreme Court - Court of Criminal Appeal 13/11/2014

​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  - PARITY BETWEEN CO-OFFENDERS

R v DAVIDSON [2014] SASCFC 120 Supreme Court - Court of Criminal Appeal 13/11/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - ASSAULTING, RESISTING, HINDERING, OR OBSTRUCTING POLICE OFFICER - SENTENCE

R v HARVEY (No 3) [2014] SASCFC 117 Supreme Court - Court of Criminal Appeal 30/10/2014

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - OTHER MATTERS

R v JACKSON [2014] SASCFC 118 Supreme Court - Court of Criminal Appeal 30/10/2014

​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 - ASSAULT - CONDUCT - THREATS

R v SPARKS [2014] SASCFC 122 Supreme Court - Court of Criminal Appeal 13/11/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF DEFENCE CASE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - EVIDENCE OF SEXUAL EXPERIENCE, REPUTATION AND MORALITY

R v WILSON [2014] SADC 177 District Court 31/10/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT

SPARTALIS v BMD CONSTRUCTIONS PTY LTD [2014] SASCFC 124 Supreme Court - Full Court 14/11/2014

​EMPLOYMENT LAW - CONTRACT OF SERVICE - FORMATION
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - EFFECT OF MAKING NEW CONTRACT
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - GROUNDS - MISCONDUCT
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - REMEDIES - AGAINST EMPLOYER - DAMAGES
DAMAGES - GENERAL PRINCIPLES - MITIGATION OF DAMAGES - WHAT MATTERS MAY BE CONSIDERED

STONE BUILT HOMES P/L v R M HANSEN P/L (T/A HANSEN DESIGN & PRINT) [2014] SADC 191 District Court 11/11/2014

​MAGISTRATES
PROCEDURE - JUDGMENTS AND ORDERS - IN GENERAL

WOO v THE STATE OF SOUTH AUSTRALIA [2014] SADC 188 District Court 14/11/2014

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

LINLEY JOY DENNIS [2014] SASC 158 Supreme Court 31/10/2014

SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - LOSS OR LACK OF CAPACITY AND STATUTORY WILLS

SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - MISTAKES AND OMISSIONS

SPOEHR v HEALTH SERVICES CHARITABLE GIFTS BOARD [2014] SASC 171 Supreme Court 6/11/2014

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - EVIDENCE - ONUS OF PROOF AND WEIGHT OF EVIDENCE

PAWELZIK & POPCZYNSKI v SOUTH AUSTRALIAN HOUSING TRUST [2014] SADC 182 District Court 6/11/2014

​LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - GENERALLY

WADE v FROST [2014] SASC 162 Supreme Court 31/10/2014

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - GENERALLY
SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - EVIDENCE - ONUS OF PROOF AND WEIGHT OF EVIDENCE
SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - LOSS OR LACK OF CAPACITY AND STATUTORY WILLS

ELTON v PUBLIC TRUSTEE [2014] SASC 169 Supreme Court 6/11/2014

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - COSTS
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - COSTS - WHERE LITIGATION CAUSED BY TESTATOR, EXECUTOR OR INTERESTED PERSONS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES

FENTON v POLICE [2014] SASC 167 Supreme Court - Magistrates Appeals 7/11/2014

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT

MUNRO v POLICE [2014] SASC 166 Supreme Court - Magistrates Appeals 7/11/2014

​MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS - SENTENCING - IMPRISONMENT - SUSPENSION OF SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER

R v SCARDIGNO & ANOR [2014] SADC 169 District Court 7/11/2014

​CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - JOINT OR SEPARATE TRIAL

C, M v COMMISSIONER OF POLICE [2014] SASC 163 Supreme Court 5/11/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - REGISTRATION, REPORTING AND LIKE MATTERS

 

FRANZI v POLICE [2014] SASC 161 Supreme Court - Magistrates Appeals 5/11/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - OTHER MATTERS
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PARTICULAR CASES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - IRREGULARITIES

 

KENNETT PTY LTD v JANSSEN & ANOR [2014] SASC 164 Supreme Court - Full Court 4/11/2014

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION

ENVIRO SYSTEMS RENEWABLE RESOURCES LIMITED (RECEIVERS AND MANAGERS APPOINTED) v WESTPAC BANKING CORPORATION [2014] SASC 165 Supreme Court 5/11/2014

​CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - STATUTORY DEMAND - APPLICATION TO SET ASIDE DEMAND - GENERALLY

R v CLAVELL [2014] SADC 180 District Court 5/11/2014

​CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - BURDEN OF PROOF

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LIMITED & ANOR (No 3) [2014] SASC 159 Supreme Court 31/10/2014

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - AMENDMENT

R v CIANTAR [2014] SADC 179 District Court 23/10/2014

​CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - OTHER CASES

JUSTUS v REED & ANOR [2014] SADC 176 District Court 24/11/2014

DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT

BERTI v POLICE [2014] SASC 160 Supreme Court - Magistrates Appeals 28/10/2014

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - OTHER MATTERS

 

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRELIMINARY PROCEDURE

 

CHANNEL NINE SA PTY LTD & ANOR v POLICE & ANOR (NO 2) [2014] SASCFC 119 Supreme Court - Full Court 30/10/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - PUBLIC DUTY INVOLVED
CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS

R v C, M [2014] SASCFC 116 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
EVIDENCE - GENERAL - RESPECTIVE FUNCTIONS OF JUDGE AND JURY - SUFFICIENCY OF EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - DIRECTION TO JURY

R v LEVY [2014] SASCFC 114 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - WHAT CONSTITUTES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - OF EQUIPMENT AND IMPLEMENTS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - PRESUMPTION OF POSSESSION BY OCCUPIER

R v MOORE-MCQUILLAN [2014] SASCFC 113 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CONDUCT - THREATS
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF PROSECUTOR OR PROSECUTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW

R v TAYLOR [2014] SASCFC 112 Supreme Court - Court of Criminal Appeal 30/10/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - OTHER MATTERS
CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

MCFARLANE v POLICE [2014] SASCFC 111 Supreme Court - Full Court 29/10/2014

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 - ADMISSION OF FURTHER EVIDENCE - IN GENERAL

 

MOLINARA v PERRE BROS LOCK 4 PTY LTD [2014] SASCFC 115 Supreme Court - Full Court 30/10/2014

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - PROOF AND EVIDENCE
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - EXCESSIVE OR INADEQUATE DAMAGES - EXCESSIVE DAMAGES
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS - CHARACTER OR ATTRIBUTES OF CONDUCT OR REPRESENTATION - SILENCE AND NON-DISCLOSURE
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - ENFORCEMENT AND REMEDIES - ACTIONS FOR DAMAGES - ASSESSMENT OR AVAILABILITY OF DAMAGES - BASIS UPON WHICH DAMAGES ASSESSED

ELTON v PUBLIC TRUSTEE [2014] SASC 149 Supreme Court 14/10/2014

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - WHEN LOST, MISLAID, DESTROYED OR NOT AVAILABLE
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - GENERALLY
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION
SUCCESSION - MAKING OF A WILL - EXECUTION

GOLDEDGE HOLDINGS PTY LTD v LIQUOR AND GAMBLING COMMISSIONER & ANOR [2014] SASC 147 Supreme Court 8/10/2014

​GAMING AND LIQUOR - GAMBLING REGULATION AND OFFENCES - GAMING MACHINES
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - TRANSFERS - SPECIAL TRANSFER TO LANDLORD OR NOMINEE
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - TRANSFERS - GENERALLY

R v B, GN [2014] SASCFC 109 Supreme Court - Court of Criminal Appeal 27/10/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS - IN GENERAL

R v MCPHEE [2014] SASCFC 107 Supreme Court - Court of Criminal Appeal 27/10/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - MISAPPROPRIATION - FRAUDULENT CONVERSION BY PERSONS ENTRUSTED WITH PROPERTY - SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY

R v SLAVEN [2014] SASCFC 108 Supreme Court - Court of Criminal Appeal 27/10/2014

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

R v TANCOCK [2014] SASCFC 110 Supreme Court - Court of Criminal Appeal 27/10/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - TEST TO BE APPLIED
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE

AUSFERT PTY LTD & ANOR v SUPERFERT DONGBU PTY LTD & ANOR [2014] SASC 157 Supreme Court 24/10/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION - WHERE APPROPRIATE AND IN INTERESTS OF JUSTICE - GENERALLY

COMMUNITY CORPORATION 21561 & ANOR v PIER APARTMENT HOTEL PTY LTD & ORS (No 5) [2014] SADC 175 District Court 17/10/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - OTHER MATTERS

R v EDWARDS [2014] SADC 174 District Court 24/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - WOUNDING OR SHOOTING OFFENCES - SHOOTING
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE

NOBLE v POLICE [2014] SASC 156 Supreme Court - Magistrates Appeals 22/10/2014

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT

HARRADINE v POLICE [2014] SASC 154 Supreme Court - Magistrates Appeals 20/10/2014

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING WITH PRESCRIBED CONCENTRATION OF ALCOHOL IN BLOOD - GENERALLY
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 - STATUTORY PRESUMPTION
POLICE - INTERNAL ADMINISTRATION - DELEGATION OF POWERS

ROBINSON v POLICE [2014] SASC 155 Supreme Court - Magistrates Appeals 20/10/2014

​FIRE, EXPLOSIVES AND FIREARMS - OFFENCES UNDER LEGISLATION DEALING WITH FIRES
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  - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS

R v HACKETT [2014] SADC 173 District Court 17/10/2014

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

ETTRIDGE v WORKCOVER CORPORATION [2014] SASC 153 Supreme Court 16/10/2014

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

POLICE v FRUNKS [2014] SASC 151 Supreme Court - Magistrates Appeals 16/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES
EVIDENCE - AFFIDAVITS AND STATUTORY DECLARATIONS - STATUTORY DECLARATIONS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
EVIDENCE - DOCUMENTARY EVIDENCE - STATUTORY PROVISIONS AS TO STATEMENTS IN DOCUMENTS WHERE DIRECT ORAL EVIDENCE ADMISSIBLE - WHERE MAKER OF STATEMENT NOT ATTENDING AS WITNESS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

TAYLOR v POLICE [2014] SASC 152 Supreme Court - Magistrates Appeals 16/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT

MAGISTRATES - HEARING - EVIDENCE
EVIDENCE - WITNESSES - IN GENERAL
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v COLEMAN (No 2) [2014] SADC 168 District Court 19/09/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - ENTERING AS TRESPASSER OR WITH INTENT OR BEING FOUND WITH INTENT
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF

RUTH v CRAIG & CRAIG [2014] SADC 172 District Court 24/09/2014

​EQUITY - EQUITABLE REMEDIES - EQUITABLE COMPENSATION - BREACH OF FIDUCIARY OBLIGATIONS

BAMPTON v VITERRA LIMITED [2014] SADC 170 District Court 10/10/2014

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - ELECTION AND RESCISSION - GENERALLY
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - REDUNDANCY
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - REMEDIES - AGAINST EMPLOYER
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - TERMINATION BY OR AT INSTANCE OF EMPLOYEE
EMPLOYMENT LAW - THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE

SMITH & ORS [2014] SADC 171 District Court 2/10/2014

​LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - STAFF, OFFICERS AND SERVANTS - REINSTATEMENT
LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - STAFF, OFFICERS AND SERVANTS - FINANCIAL ARRANGEMENTS - SUPERANNUATION

MCFARLANE v THE STATE OF SOUTH AUSTRALIA [2014] SADC 160 District Court 5/09/2014

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

WESTWILL & ANOR v HEATH & ANOR [2014] SASC 150 Supreme Court 9/10/2014

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

ESSENTIAL BEAUTY FRANCHISING (WA) PTY LTD AND ORS v PILTON HOLDINGS PTY LTD AND ORS [2014] SASC 141 Supreme Court 23/09/2014

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

JD & KJ ZOHS PROPERTIES PTY LTD v FERME & ANOR [2014] SASC 146 Supreme Court 26/09/2014

EQUITY - TRUSTS AND TRUSTEES - VESTING ORDERS, CONVEYANCES AND TRANSFERS

REAL PROPERTY - GENERAL PRINCIPLES - OTHER MATTERS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT

ESSENTIAL BEAUTY FRANCHISING (WA) PTY LTD & ORS v PILTON HOLDINGS PTY LTD & ORS (No 3) [2014] SASC 148 Supreme Court 7/10/2014

PROCEDURE - JUDGMENTS AND ORDERS - ENFORCEMENT OF JUDGMENTS AND ORDERS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

CLAVELL v POLICE [2014] SASC 142 Supreme Court - Magistrates Appeals 24/10/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE - OTHER OFFENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY

R v HARVEY (No 2) [2014] SASCFC 106 Supreme Court - Court of Criminal Appeal 29/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE

FLEMING v ADVERTISER-NEWS WEEKEND PUBLISHING COMPANY PTY LTD & ANOR [2014] SASC 145 Supreme Court 26/09/2014

DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL
EVIDENCE - COURSE OF EVIDENCE AND ADDRESSES - COURSE OF EVIDENCE

HUYNH v COMMONWEALTH SERVICES DELIVERY AGENCY [2014] SASC 143 Supreme Court - Magistrates Appeals 25/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE GOVERNMENT - DEFRAUDING THE COMMONWEALTH
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - OF COUNTS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v CLARK [2014] SASCFC 104 Supreme Court - Court of Criminal Appeal 24/09/2014

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OTHERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE

R v HARVEY [2014] SASCFC 105 Supreme Court - Court of Criminal Appeal 18/09/2014

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - OTHER MATTERS

SOUTHERN WASTE RESOURCECO PTY LTD v ADELAIDE HILLS REGION WASTE MANAGEMENT AUTHORITY [2014] SASC 140 Supreme Court 23/09/2014

PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION

ARTCRAFT PTY LTD & ANOR v DICKSON & ANOR (No 2) [2014] SASC 144 Supreme Court 24/09/2014

PROCEDURE - COSTS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

KOWALSKI v R J COLE & PARTNERS [2014] SASC 137 Supreme Court 23/09/2014

PROCEDURE - COSTS - TAXATION
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - RULES OF COURT
PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS

R v COTTON [2014] SADC 164 District Court 24/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT

R v H, G J [2014] SASCFC 102 Supreme Court - Court of Criminal Appeal 24/09/2014

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

R v JACKSON [2014] SASCFC 101 Supreme Court - Full Court 24/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - CONSENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

R v WESTWOOD [2014] SASC 139 Supreme Court 23/09/2014

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 - SENTENCING ORDERS - CUSTODIAL ORDERS - PREVENTATIVE DETENTION