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
K, MP v COMMISSIONER OF POLICE [2017] SASC 38 Supreme Court 17/03/2017


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

R v SAUNDERS [2017] SASCFC 21 Supreme Court - Court of Criminal Appeal 22/03/2017


​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - BREACH OF CONDITIONS OF SUSPENSION AND SENTENCE FOLLOWING BREACH

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD & ANOR (No 5) [2017] SASC 32 Supreme Court 16/03/2017


​DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ACTION

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS

R v MCCARTHY [2017] SASC 36 Supreme Court 20/03/2017


​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ADMINISTERING CAUTION - GENERALLY

YULE v IRWIN & ORS (No 3) [2017] SASC 34 Supreme Court 20/03/2017


EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY - PETITION OR SUMMONS FOR ADVICE - PARTICULAR CASES

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - OTHER CASES AND MATTERS

SUCCESSION - ADMINISTRATION OF ESTATE - OTHER MATTERS

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY

R v M, RS (No 2) [2017] SADC 23 District Court 17/03/2017


EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE

R v M, RS (No 3) [2017] SADC 24 District Court 17/03/2017


CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

RICHARDSON v LEGAL PROFESSION CONDUCT COMMISSIONER [2017] SASC 30 Supreme Court 15/03/2017


​LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - OTHER CAUSES OF ACTION AND MATTERS

LIMITATION OF ACTIONS - LIMITATION OF PARTICULAR ACTIONS - PENALTIES AND FORFEITURE

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT - IMPROPER DEALINGS

CANTOR MANAGEMENT SERVICES P/L & ORS v BOOTH [2017] SASCFC 20 Supreme Court - Full Court 17/03/2017


APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES

SUPERANNUATION - BENEFITS - GENERALLY

SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - GENERALLY

COMMISSIONER FOR CONSUMER AFFAIRS v MCMURRAY [2017] SASCFC 16 Supreme Court - Full Court 7/03/2017


APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW

TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION

PROFESSIONS AND TRADES - AUCTIONEERS AND AGENTS - CONSTRUCTION OF STATUTORY PROVISIONS - SOUTH AUSTRALIA - CONTROL OF MONEY

R v GIBBS [2017] SADC 21 District Court 16/03/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

RAVENSWOOD PTY LTD v CARUSO [2017] SASC 31 Supreme Court 9/03/2017


MORTGAGES - MORTGAGES AND CHARGES GENERALLY - RIGHTS AND LIABILITIES OF MORTGAGOR AND MORTGAGEE - POSSESSION - RIGHTS AND LIABILITIES OF MORTGAGEE IN POSSESSION

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS

LEGAL PROFESSION CONDUCT COMMISSIONER v SEMAAN [2017] SASCFC 19 Supreme Court - Full Court 10/02/2017


PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - FALSIFICATION OF DOCUMENTS AND TRANSACTIONS

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN COURT

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - ORDERS

MARTIN v ELECTORAL DISTRICTS BOUNDARIES COMMISSION [2017] SASCFC 18 Supreme Court - Full Court 10/03/2017


STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - RULES OF CONSTRUCTION - GENERALLY

CONSTITUTIONAL LAW - CONSTITUTIONAL AMENDMENT - STATES - SOUTH AUSTRALIA

CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE LEGISLATURE - ELECTIONS AND RELATED MATTERS - ELECTORAL DISTRICTS AND REDISTRIBUTION

R v GILL [2017] SADC 22 District Court 14/03/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES

R v SEYMOUR [2017] SASC 33 Supreme Court 15/03/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER

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

BRETT SEYMOUR MATHEWS, STIRLING MALL PARTNERS P/L & STIRLING MALL (SA) P/L v LOTUS STONES (SA) P/L [2017] SASC 27 Supreme Court - Magistrates Appeals 6/03/2017


ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL

ESTOPPEL - ESTOPPEL BY JUDGMENT - PARTIES - IDENTITY OF PARTIES - PRIVITY

ESTOPPEL - ESTOPPEL BY CONDUCT - EQUITABLE ESTOPPEL GENERALLY

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS

ESTOPPEL - ESTOPPEL BY JUDGMENT - RES JUDICATA OR CAUSE OF ACTION ESTOPPEL

KEYS (DECEASED) [2017] SASC 28 Supreme Court 8/03/2017

SUCCESSION - MAKING OF A WILL - STATUTORY POWER OF RECTIFICATION

PLAYFORD v POLICE [2017] SASC 26 Supreme Court - Magistrates Appeals 9/03/2017


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

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA

R v FERGUSON [2016] SADC 129 District Court 2/11/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

R v R, A [2017] SADC 19 District Court 2/03/2017


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

SANDERY v KOWALSKI [2017] SASC 29 Supreme Court - Magistrates Appeals 9/03/2017


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

ANDRESSEN v BENDIGO AND ADELAIDE BANK LTD (No 2) [2017] SASC 25 Supreme Court - Magistrates Appeals 1/03/2017


PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS

HARRISON v JLTSKI PTY LTD AS TRUSTEE FOR TRENWITH FAMILY TRUST [2017] SADC 20 District Court 8/03/2017

​CONTRACTS

LONGRIDGE GROUP P/L v PAGE [2017] SADC 16 District Court 6/03/2017

​MAGISTRATES - APPEAL AND REVIEW

R v CHRISTOPHERS [2017] SADC 12 District Court 2/02/2017


​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 - INDECENT

R v VACCARO [2017] SASCFC 10 Supreme Court - Court of Criminal Appeal 16/03/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PRODUCTION OR CULTIVATION

CRIMINAL LAW - PROCEDURE - SUMMING UP

HARMER v POLICE [2017] SASC 24 Supreme Court - Magistrates Appeals 2/03/2017


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

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE - OTHER OFFENCES

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - OTHER OFFENSIVE WEAPONS - POSSESSING, CARRYING OR BEING FOUND ARMED

MARKSMAN TRAINING SYSTEMS PTY LTD v REGISTRAR OF FIREARMS (No 5) [2017] SADC 15 District Court 23/02/2017


ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEW OF PARTICULAR DECISIONS

R v ARMITAGE [2017] SADC 17 District Court 2/03/2017

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v HOFFMAN [2017] SASCFC 15 Supreme Court - Court of Criminal Appeal 3/03/2017


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 - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING MDMA (ECSTASY)

WESTPAC BANKING CORPORATION v HAYNES; HAYNES v ST GEORGE BANK A DIVISION OF WESTPAC BANKING CORPORATION [2017] SASC 23 Supreme Court 2/03/2017


BANKING AND FINANCE - BANKS - BANK ACCOUNTS - INTEREST, OVERDRAFTS AND ADVANCES

BANKING AND FINANCE - BANKS - LIABILITIES OF BANKS - NEGLIGENCE

MORTGAGES - MORTGAGES AND CHARGES GENERALLY - RIGHTS AND LIABILITIES OF MORTGAGOR AND MORTGAGEE

BANKING AND FINANCE - BANKS - DUTIES OF BANKS

R v PRINGLE [2017] SASCFC 9 Supreme Court - Court of Criminal Appeal 23/02/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - KNOWLEDGE AND INTENT - SOUTH AUSTRALIA

COWELL v BHP BILLITON (OLYMPIC DAM CORPORATION) P/L; VEOLIA ENVIRONMENTAL SERVICES (AUST) P/L & AXA CORPORATE SOLUTIONS [2017] SADC 14 District Court 24/02/2017


​PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - POWER TO CONTROL PROCEEDINGS - MISCELLANEOUS POWERS

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - DECLARATIONS - REQUIREMENT THAT ALL MATTERS IN CONTROVERSY BE DETERMINED

GROOM v POLICE [2017] SASC 21 Supreme Court - Magistrates Appeals 23/02/2017


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

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

GUPTA v POLICE [2017] SASC 20 Supreme Court - Magistrates Appeals 23/02/2017


​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

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 - GRAVITY OF OFFENCE

POLICE v HARRISON [2017] SASC 18 Supreme Court - Magistrates Appeals 23/02/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - OTHER MATTERS

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

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - SPECIFIC INTERPRETATIONS

ROBERTS v POLICE [2017] SASC 22 Supreme Court - Magistrates Appeals 23/02/2017


APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - OTHER MATTERS

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - IDENTITY OF PROHIBITED SUBSTANCE

R v LKB [2017] SASCFC 7 Supreme Court - Court of Criminal Appeal 16/02/2017


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

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

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND PROVISIONS - PARTICULAR LEGISLATION - OTHER JURISDICTIONS

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

R v NGUYEN [2017] SADC 13 District Court 21/02/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - GENERALLY

CLARKE v POLICE [2017] SASC 19 Supreme Court - Magistrates Appeals 15/02/2017


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

CORPORATION OF THE CITY OF ADELAIDE v CIRCELLI [2017] SASCFC 12 Supreme Court - Full Court 20/02/2017


ENVIRONMENT AND PLANNING - POLLUTION - WASTE DISPOSAL - REGULATION - LICENSING - CONDITIONS

ENVIRONMENT AND PLANNING - POLLUTION - WASTE DISPOSAL - OFFENCES - PARTICULAR OFFENCES

PORKER v RICHARDS & OTHERS (NO 2) [2017] SASC 11 Supreme Court 14/02/2017


PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES

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

R v FLEMING; R v MAHER [2017] SASC 16 Supreme Court 16/02/2017


​CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - CONSTRUCTIVE MURDER

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

R v FLEMING; R v MAHER (NO 2) [2017] SASC 17 Supreme Court 16/02/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - CONSTRUCTIVE MURDER

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 - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - CAUSATION

R v TAMAS [2017] SASC 12 Supreme Court 14/02/2017


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

R v WELLS [2017] SASCFC 6 Supreme Court - Court of Criminal Appeal 13/02/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA

WOOD v ADELAIDE RESOURCE RECOVERY PTY LTD [2017] SASCFC 13 Supreme Court - Full Court 20/02/2017


ENVIRONMENT AND PLANNING - POLLUTION - WASTE DISPOSAL - REGULATION - LICENSING - CONDITIONS

ENVIRONMENT AND PLANNING - POLLUTION - WASTE DISPOSAL - OFFENCES - PARTICULAR OFFENCES

B, JL v POLICE [2017] SASC 9 Supreme Court - Magistrates Appeals 10/02/2017


​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 OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER

CARUSO v RAVENSWOOD P/L [2017] SASC 15 Supreme Court 17/02/2017

​MORTGAGES - MORTGAGEE'S REMEDIES - POSSESSION - GENERALLY

LEITCH (DECEASED) [2017] SASC 14 Supreme Court 14/02/2017


​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - TRUSTEE COMPANIES

LITTLE v POLICE [2017] SASCFC 8 Supreme Court - Full Court 16/02/2017


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

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM

R v MELBOURNE [2017] SASCFC 11 Supreme Court - Court of Criminal Appeal 17/02/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION

R v ZHANG [2017] SASCFC 5 Supreme Court - Court of Criminal Appeal 16/02/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - OTHER FRAUDS AND IMPOSITIONS - FRAUD - DEFRAUDING THE COMMONWEALTH - SENTENCE

 

MCGEE v POLICE [2017] SASC 13 Supreme Court - Magistrates Appeals 14/02/2017

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE

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

ROCHE v ROCHE & ANOR [2017] SASC 8 Supreme Court 8/02/2017


SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY

SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - FORMS OF UNSOUNDNESS OF MIND

SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - EVIDENCE - GENERALLY

R v PEAKE [2017] SASC 10 Supreme Court 8/02/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - CRIMINAL NEGLIGENCE - GENERALLY

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - OTHER ACTS OR OMISSIONS RESULTING IN DEATH

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

MAXCON CONSTRUCTIONS PTY LTD v VADASZ (NO 2) [2017] SASCFC 2 Supreme Court - Full Court 8/02/2017

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID CONTRACTS - CONTRACTS ILLEGAL BY STATUTE

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID CONTRACTS - EFFECT OF ILLEGALITY OR INVALIDITY - SEVERANCE

BANKRUPTCY - OFFENCES - PARTICULAR OFFENCES - FAILURE TO DISCLOSE

ADMINISTRATIVE LAW - JUDICIAL REVIEW - PRIVATIVE CLAUSES - CERTIORARI

ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - CERTIORARI - GROUNDS FOR CERTIORARI TO QUASH - ERROR OF LAW ON THE FACE OF THE RECORD

R v FARRER [2017] SASCFC 3 Supreme Court - Court of Criminal Appeal 10/02/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - GENERALLY

R v HOARE [2017] SASC 7 Supreme Court 3/02/2017


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

R v K [2017] SASC 6 Supreme Court 3/02/2017


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

R v YAU [2017] SASCFC 4 Supreme Court - Court of Criminal Appeal 10/02/2017

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - MISCELLANEOUS MATTERS - SOUTH AUSTRALIA - CASE STATED AND RESERVATION OF QUESTION OF LAW

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - IMPORT-EXPORT OFFENCES

EVIDENCE - ADDUCING EVIDENCE - COURSE OF EVIDENCE - EVIDENCE BEFORE TRIAL - LETTER OF REQUEST - REQUESTS BY FOREIGN STATES OR COURTS

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE

WHITES HILL (SA) PTY LTD v ALL COMMODITIES PTY LTD (No 2) [2017] SADC 9 District Court 3/02/2017


ADMINISTRATIVE LAW - JUDICIAL REVIEW

ALAN HICKINBOTHAM PTY LTD v THE AUSTRALIAN KIDNEY FOUNDATION [2017] SASC 4 Supreme Court 3/02/2017

EVIDENCE - FACTS EXCLUDED FROM PROOF - ON GROUNDS OF PRIVILEGE - PROFESSIONAL CONFIDENCE - LEGAL PROFESSION - DOCUMENTS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS - GENERALLY

 

OZ NORTH FOOD & LIQUOR WHOLESALERS (NT) P/L v GRAY [2017] SASCFC 1 Supreme Court - Full Court 18/01/2017


​BANKRUPTCY - ADMINISTRATION OF PROPERTY - PROOF OF DEBTS - WHAT DEBTS PROVABLE - DAMAGES AND CONTINGENT LIABILITIES - CONTINGENT LIABILITIES

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - PURPOSIVE APPROACH - GENERAL PRINCIPLES

R v S, SG [2017] SADC 8 District Court 2/02/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES

EMAPTA GROUP v WOODVILLE DIAGNOSTICS AND IMAGING (No 2) [2017] SADC 10 District Court 3/02/2017

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

 

GRAY v OZ NORTH FOOD & LIQUOR WHOLESALERS (NT) P/L [2016] SASC 165 Supreme Court - Magistrates Appeals 2/11/2016

BANKRUPTCY - ADMINISTRATION OF PROPERTY - PROOF OF DEBTS - WHAT DEBTS PROVABLE - DAMAGES AND CONTINGENT LIABILITIES - CONTINGENT LIABILITIES
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - PURPOSIVE APPROACH - GENERAL PRINCIPLES

 

R v B, J [2017] SADC 7 District Court 25/01/2017

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

 

R v FOX [2017] SASC 5 Supreme Court 3/02/2017


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

STRAZDINS v ANZ BANKING GROUP LTD [2017] SASC 3 Supreme Court 25/01/2017

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - APPEAL OR REVIEW
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - PLAINTIFF OR APPLICANT - LEGALLY ASSISTED PARTY OR WHERE LITIGATION OTHERWISE FUNDED
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - FACTORS RELEVANT TO EXERCISE OF DISCRETION - PLANTIFF'S OR APPLICANT'S IMPECUNIOSITY

 

R v M, LRP [2017] SADC 6 District Court 19/01/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD

CUE SPORTS S.A. INC v SIDERIS INVESTMENTS PTY LTD [2017] SADC 4 District Court 20/01/2017


PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - SECURITY FOR COSTS - APPEAL OR REVIEW

SIEGFRIED PETER THIEL AND CELIA MARY THIEL (DECEASED) [2017] SASC 1 Supreme Court 25/01/2017


SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - MATTERS RELATING TO BENEFICIARIES - PRESUMPTION OF DEATH AND SURVIVORSHIP

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - WHAT INTEREST PASSES - JOINT TENANCY AND TENANCY IN COMMON - JOINT TENANCY