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 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

OLIVER v ACN 007 870 484 P/L 7 ORS (No 3) [2017] SADC 52 District Court 19/05/2017

TORTS - NEGLIGENCE

 

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

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

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

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

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

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

SOLAR JUICE PTY LTD v MINTZ [2017] SADC 37 District Court 13/04/2017

GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - OFFER AND ACCEPTANCE

 

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

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

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

ADAMS v HOLLOWAY & ORS [2017] SADC 50 District Court 7/04/2017

​EQUITY - TRUSTS AND TRUSTEES - THE CESTUI QUE TRUST

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

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

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

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

 

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

 

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

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

 

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

 

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

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

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

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

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

 

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

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

MCLEOD v THORPE & ANOR [2017] SADC 38 District Court 13/04/2017

PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

R v GRINDLEY [2017] SADC 41 District Court 20/04/2017

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF

R v HERA-SINGH [2017] SADC 43 District Court 26/04/2017

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES

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

 

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

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