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
BONI v LARWOOD & ORS [2014] SASC 185 Supreme Court 8/12/2014

HEALTH LAW - BURIAL AND CREMATION - BODIES AND GRAVES

HEALTH LAW - BURIAL AND CREMATION - OTHER MATTERS

GREEN v POST [2014] SASC 195 Supreme Court 18/12/2014

MENTAL HEALTH - MANAGEMENT AND ADMINISTRATION OF PROPERTY - PROTECTION ORDERS

KOWALSKI v STANLEY & PARTNERS & ANOR [2014] SASC 198 Supreme Court 17/12/2014

PROCEDURE - COSTS - TAXATION

R v BROUGHAM [2014] SASC 196 Supreme Court 17/12/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INTOXICATION - PARTICULAR OFFENCES - MURDER

R v DOYLE [2014] SASC 199 Supreme Court 18/12/2014

CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL

RNTT PTY LTD v CONSTABLE (NO 2) [2014] SADC 213 District Court 19/12/2014

DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT - GENERAL
DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

KONG v COMMISSIONER FOR CORPORATE AFFAIRS [2014] SASC 197 Supreme Court - Magistrates Appeals 17/12/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - OTHER FRAUDS AND IMPOSITIONS - OTHER OFFENCES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - RESTITUTION OR REPARATION
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OFFENDER

BATTLE v POLICE [2014] SASC 191 Supreme Court - Magistrates Appeals 16/12/2014

​MAGISTRATES - ORDERS AND CONVICTIONS - SETTING ASIDE OR AMENDMENT OF ORDERS OR CONVICTIONS - ORDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

BERTI v POLICE (No 2) [2014] SASC 188 Supreme Court - Magistrates Appeals 15/12/2014

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - MISCARRIAGE OF JUSTICE

PETERS v POLICE [2014] SASC 192 Supreme Court - Magistrates Appeals 17/12/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - MISCELLANEOUS OFFENCES AND MATTERS - VAGRANCY, PROSTITUTION AND KINDRED OFFENCES - DRUNKENNESS IN A PUBLIC PLACE AND HABITUAL DRUNKENNESS
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY

R v M, JR [2014] SADC 211 District Court 16/12/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

DISTRICT COUNCIL OF COOBER PEDY v ABORIGINAL FAMILY SUPPORT SERVICES [2014] SASCFC 133 Supreme Court - Full Court 28/11/2014

​ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL

SVILANS v POLICE [2014] SASC 173 Supreme Court - Magistrates Appeals 6/11/2014

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - WHERE POINT NOT RAISED IN COURT BELOW
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES - CONVICTIONS OF TRAFFIC OFFENCES RELATING TO OTHER MATTERS - DEMERIT POINTS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRELIMINARY PROCEDURE - TIME FOR APPEAL AND EXTENSION OF

HALLS v THE REGISTRAR OF MOTOR VEHICLES OF SA, DEPARTMENT OF PLANNING, TRANSPORT AND INFRASTRUCTURE [2014] SADC 204 District Court 5/12/2014

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES

MCNAMARA v POLICE [2014] SASC 187 Supreme Court - Magistrates Appeals 10/12/2014

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES
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 - BLOOD TEST AND ANALYSIS

R v KHAN (No 2) [2014] SADC 207 District Court 11/12/2014

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

R v KHAN [2014] SADC 206 District Court 11/12/2014

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE - PARTICULAR CASES

R v WILTON & HALLION [2014] SADC 205 District Court 11/12/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - PROOF AND EVIDENCE

YATES & ANOR v JAMISON NOMINEES P/L [2014] SADC 209 District Court 11/12/2014

LANDLORD AND TENANT - TERMINATION OF THE TENANCY

R v LUTZE [2014] SASCFC 134 Supreme Court - Court of Criminal Appeal 10/12/2014

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT - TO ADMIT NEW EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY

WHYALLA ELECTRICAL DISCOUNTERS PTY LTD v NARTA INTERNATIONAL PTY LTD [2014] SASC 186 Supreme Court 8/12/2014

​CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - OPPRESSIVE OR UNFAIR CONDUCT - RELIEF - GENERALLY
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - RELEVANT CONSIDERATIONS - BALANCE OF CONVENIENCE GENERALLY

GOLDEN KING (AUSTRALIA) PTY LTD v DIETMAN [2014] SASC 183 Supreme Court - Magistrates Appeals 8/12/2014

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PRIMARY INDUSTRY - FISH - REGULATION - PERMIT OR LICENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY

LEHMANN v THE REGISTRAR OF THE VETERINARY SURGEONS BOARD OF SA [2014] SADC 201 District Court 2/12/2014

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - GENERALLY
PROFESSIONS AND TRADES - OTHER PROFESSIONS, TRADES OR CALLINGS - VETERINARY SURGEONS - QUALIFICATION, REGISTRATION AND DISCIPLINE

DAWSON v EICAS [2014] SADC 151 District Court 29/08/2014

​TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - FAILURE TO LOOK-OUT - GENERALLY
TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - FAILURE TO GIVE WARNINGS OR SIGNALS
TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - PARTICULAR CASES - ROAD ACCIDENT CASES
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES

INSTANT SECURITY DOORS & SCREENS PTY LTD v TREBILCOCK (No 2) [2014] SADC 186 District Court 11/11/2014

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

LOVRINOV v JUSUFOVIC [2014] SADC 203 District Court 5/12/2014

​PROCEDURE

MCINNES v DAVIES [2014] SASC 184 Supreme Court 5/12/2014

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL
CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - CAVEATS AGAINST DEALINGS - LAPSE, REMOVAL AND WITHDRAWAL
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - INJUNCTIONS TO PRESERVE STATUS QUO AND PROPERTY PENDING DETERMINATION OF RIGHTS
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - SERIOUS QUESTION TO BE TRIED

KOWALSKI v LIESCHKE & WEATHERILL LAWYERS [2014] SASC 182 Supreme Court 1/12/2014

​PROCEDURE - COSTS - TAXATION - REVIEW

R v K, B [2014] SADC 200 District Court 20/11/2014

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY - DISEASE OF THE MIND, MENTAL DISEASE OR MENTAL INFIRMITY

ARGUS GROUP PTY LTD v LITIGATION LENDING SERVICES LTD [2014] SASC 181 Supreme Court 28/11/2014

​CORPORATIONS - LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS - EXTERNAL LITIGATION PROCEDURE - APPEARANCE IN COURT BY COMPANY AND REPRESENTATION
CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER

COMMANE v DEPARTMENT OF PUBLIC TRANSPORT SERVICES [2014] SADC 196 District Court 18/11/2014

​MAGISTRATES
PROCEDURE - JUDGMENTS AND ORDERS - IN GENERAL

MENZ v MENZ [2014] SASC 180 Supreme Court 28/11/2014

​SUCCESSION - MAKING OF A WILL - EXECUTION - GENERALLY - PRESUMPTION AND EVIDENCE OF DUE EXECUTION
SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - GENERALLY

MICHALAKAS v POWELL [2014] SASCFC 132 Supreme Court - Full Court 28/11/2014

​CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER

POLICE v WILLIAMS [2014] SASC 177 Supreme Court - Magistrates Appeals 27/11/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - DANGEROUS DRIVING - PROOF AND EVIDENCE
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - DNA EVIDENCE
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ABORIGINALS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

WORKCOVER CORP v JOHN HOLLAND GROUP P/L [2014] SADC 202 District Court 21/11/2014

​PROCEDURE

BURTON v GROCKE & ORS [2014] SADC 195 District Court 28/11/2014

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

R v GRYZBOWICZ [2014] SADC 192 District Court 18/11/2014

CRIMINAL LAW

R v ROCKFORD [2014] SADC 199 District Court 27/11/2014

CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ENTRY
CRIMINAL LAW - PARTICULAR OFFENCES
ALLEN v CHADWICK (No 2) [2014] SASCFC 130 Supreme Court - Full Court 24/11/2014

TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - GENERALLY

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - WHERE MONEY PAID INTO COURT OR OFFER OF COMPROMISE MADE - OFFER OF COMPROMISE MADE

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

COMMONWEALTH BANK OF AUSTRALIA v SA LENDING CENTRE & ORS [2014] SASC 178 Supreme Court 26/11/2014

​MORTGAGES - MORTGAGEE'S REMEDIES - POSSESSION - RIGHTS AND LIABILITIES OF MORTGAGEE IN POSSESSION

MARGUSH v MADDEFORD [2014] SASCFC 129 Supreme Court - Full Court 25/11/2014

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v BOATSWAIN [2014] SADC 167 District Court 7/10/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

R v LAWRIE [2014] SADC 194 District Court 21/11/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - ENTERING AS TRESPASSER OR WITH INTENT OR BEING FOUND WITH INTENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE - PERVERTING THE COURSE OF JUSTICE

R v NOVAKOVICH [2014] SASC 179 Supreme Court 26/11/2014

​CRIMINAL LAW - PROCEDURE - PROSECUTION - COMMITTAL FOR TRIAL BY JUSTICE OR CORONER
CRIMINAL LAW - PROCEDURE - POWERS AND DUTIES OF PROSECUTION AS TO CALLING OF WITNESS AND PRESENTING EVIDENCE - GENERALLY

R v SCOTT [2014] SASCFC 131 Supreme Court - Court of Criminal Appeal 21/11/2014

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - REFORMATION AND REHABILITATION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

R v WILSON [2014] SADC 139 District Court 15/08/2014

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

R v LEATHLEY [2014] SASCFC 127 Supreme Court - Court of Criminal Appeal 21/11/2014

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 - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - DOUBLE JEOPARDY

R v MAYNARD [2014] SASCFC 128 Supreme Court - Court of Criminal Appeal 21/11/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

SINGH v POLICE [2014] SASC 172 Supreme Court 13/11/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW

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