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
MATTHEWS v THE QUEEN [2020] SASCFC 1 Supreme Court - Court of Criminal Appeal 24/01/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES
POLICE - RIGHTS, POWERS AND DUTIES - SEARCH, SEIZURE AND DETENTION OF PROPERTY
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED

R v WEYGOOD [2020] SASC 7 Supreme Court 24/01/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

PRICE v BW & RD SMART [2020] SASCFC 2 Supreme Court - Full Court 23/01/2020

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - OTHER MATTERS - COSTS
PROCEDURE - COSTS - APPEALS AS TO COSTS - DISCRETION
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - POWERS OF COURT

HYPE INVESTMENTS PTY LTD & ANOR v FUNK COFFEE & FOOD PTY LTD & ORS (No 3) [2020] SADC 1 District Court 17/01/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - INTEREST ON JUDGMENTS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL RULE: COSTS FOLLOW EVENT - GENERAL PRINCIPLES AND EXERCISE OF DISCRETION

R v SALOTTI [2019] SADC 171 District Court 22/11/2019

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

EUSTICE v CHANNEL SEVEN ADELAIDE PTY LTD & ORS [2020] SASC 4 Supreme Court 17/01/2020

​DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL - EVIDENCE - PLAINTIFF'S REPUTATION AND CREDIT
DEFAMATION - PUBLICATION - GENERALLY - INTERNET PUBLICATIONS
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION - CRIMINAL
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - INJURY TO REPUTATION IN BUSINESS, PROFESSION, TRADE OR CALLING
DEFAMATION - JUSTIFICATION - TRUTH - SUBSTANTIAL TRUTH AND CONTEXTUAL TRUTH
DEFAMATION - OTHER DEFENCES

TAPLIN v AMACA PTY LTD [2020] SADC 3 District Court 16/01/2020

​PROCEDURE - COSTS - APPEALS AS TO COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - TAXATION AND OTHER FORMS OF ASSESSMENT - PRINCIPLES OF TAXATION OR ASSESSMENT - FAIR, JUST, REASONABLE, NECESSARY, PROPER ETC

ALZUAIN v DIRECTOR OF PUBLIC PROSECUTIONS [2020] SASC 6 Supreme Court 17/01/2020

​CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL
CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - SERIOUS AND ORGANISED CRIME SUSPECTS

BROWN v KIRKPATRICK [2020] SASC 5 Supreme Court 17/01/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
DEFAMATION - PUBLICATION - GENERALLY - MODES OF PUBLICATION
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION

D A STARKE PTY LTD v YARD & ANOR [2020] SASC 3 Supreme Court 16/01/2020

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA

PSEVDOS v FIRST MORTGAGE COMPANY HOME LOANS PTY LTD [2020] SASC 1 Supreme Court 16/01/2020

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT

GD v COMMISSIONER OF POLICE [2020] SASC 2 Supreme Court 15/01/2020

​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

PATELIS v SANDER [2020] SADC 2 District Court 16/01/2020

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

CIVIL & ALLIED TECHNICAL CONSTRUCTION PTY LTD v RESOLUTION INSTITUTE & ORS [2019] SASC 193 Supreme Court 14/11/2019

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

CKD INVESTORS P/L & COMMERCIAL NEGOTIATORS P/L v CEDUNA KEYS DEVELOPMENTS P/L & BRIA [2019] SADC 201 District Court 23/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - SALE OF PROPERTY

UMT HOLDINGS PTY LTD v RANKIN SAUNDERS PTY LTD [2019] SADC 199 District Court 20/12/2019

​MAGISTRATES

PROCEDURE - JUDGMENTS AND ORDERS

AOUKAR & ANOR v NEMER & ORS [2019] SASC 218 Supreme Court 24/12/2019

​SUCCESSION - MAKING OF A WILL - EXECUTION

COSENZA v GRAHAM & ANOR (No 2) [2019] SASC 217 Supreme Court 23/12/2019

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

GIAMEOS v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASCFC 161 Supreme Court - Full Court 23/12/2019

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - PRELIMINARY REQUIREMENTS - CLAIMS FOR COMPENSATION - TIME FOR CLAIM

LEGAL PROFESSION CONDUCT COMMISSIONER v FOWLER & ANOR [2019] SASC 216 Supreme Court 23/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - GENERALLY - CLASSIFICATION: FINAL OR INTERLOCUTORY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS

PARSONS & ANOR v PORCH (No 2) [2019] SADC 174 District Court 22/11/2019

​MENTAL HEALTH - MANAGEMENT AND ADMINISTRATION OF PROPERTY - PROTECTION ORDERS

HANN v POLICE [2019] SASC 213 Supreme Court 20/12/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

KD v AE & ANOR [2019] SASC 209 Supreme Court 9/12/2019

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

KOTZ v THE QUEEN [2019] SASCFC 160 Supreme Court - Court of Criminal Appeal 20/12/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

R v DANSIE [2019] SASC 215 Supreme Court 20/12/2019

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

 

ZHENG & ANOR v COMMISSIONER OF AUSTRALIAN FEDERAL POLICE & ANOR; COMMISSIONER OF AUSTRALIAN FEDERAL POLICE v ZHENG & ANOR [2019] SASCFC 157 Supreme Court - Full Court 19/12/2019

​CRIMINAL LAW - PROCEDURE - CONFISCATION OF PROCEEDS OF CRIME AND RELATED MATTERS - RESTRAINING OR FREEZING ORDER
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS
CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - EXTERNAL AFFAIRS (CONSTITUTION, S 51(XXIX)) - IMPLEMENTATION OF TREATIES AND CONVENTIONS - PARTICULAR CASES
CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - BANKING (CONSTITUTION, S 51(XIII))

AISTROPE & ANOR v SOUTH AUSTRALIAN HOUSING TRUST [2019] SASC 214 Supreme Court 20/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS - PARTICULAR CASES - UNREASONABLE CONDUCT OR DELINQUENCY RELATING TO PROCEEDINGS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

CHRISTOPHERS v THE QUEEN [2019] SASCFC 158 Supreme Court - Court of Criminal Appeal 20/12/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE
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

FAZCHE PTY LTD v MOUNZER & ANOR, FAZCHE PTY LTD v INTERNAL LYNX PTY LTD [2019] SADC 194 District Court 18/12/2019

​REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - AMENDMENT
EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - CONSTRUCTIVE TRUSTS - KNOWING RECEIPT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - PARTIES
PROCEDURE - COSTS - SECURITY FOR COSTS

POWELL & ANOR v HEWITT & ORS [2019] SADC 195 District Court 20/12/2019

​POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - ADJOURNMENT

BLONG UME NOMINEES PTY LTD & ORS v SEMWEB NOMINEES PTY LTD & ORS [2019] SASCFC 151 Supreme Court - Full Court 10/12/2019

​EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - PARTICULAR CASES - JOINT VENTURER
EQUITY - EQUITABLE REMEDIES - EQUITABLE COMPENSATION - BREACH OF FIDUCIARY OBLIGATIONS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS
CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - OPPRESSIVE OR UNFAIR CONDUCT

COMMUNITY CORPORATION 41170 INC v CEG DIRECT SECURITIES P/L (No 2) [2019] SADC 197 District Court 9/12/2019

​CORPORATIONS - BODIES CORPORATE OTHER THAN COMPANIES AND ASSOCIATIONS - RIGHTS, OBLIGATIONS AND LIABILITIES

COMMUNITY CORPORATION 41170 INC v CEG DIRECT SECURITIES P/L (No 3) [2019] SADC 198 District Court 9/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS

EKISA v THE QUEEN [2019] SASCFC 159 Supreme Court - Court of Criminal Appeal 19/12/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS

IRONWILL EARTHMOVING PTY LTD v ALLBUT & ALLBUT [2019] SADC 196 District Court 19/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION

MANN v THE QUEEN [2019] SASCFC 155 Supreme Court - Court of Criminal Appeal 17/12/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - OFFENCES ARISING OUT OF SAME TRANSACTION OR COURSE OF CONDUCT
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TOTALITY

FOWLER v THE QUEEN [2019] SASCFC 153 Supreme Court - Court of Criminal Appeal 18/12/2019

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - VERDICT AGAINST EVIDENCE OR WEIGHT OF EVIDENCE - VERDICT AGAINST WEIGHT OF EVIDENCE - WHEN NEW TRIAL REFUSED - VERDICT NOT UNREASONABLE
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
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE - PROOF OF GUILTY KNOWLEDGE

LE CORNU v THOMAS (DEWNR) [2019] SASCFC 154 Supreme Court - Full Court 18/12/2019

​CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - MISCELLANEOUS MATTERS - JOINT TRIAL
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

R v GUIRGIS [2019] SADC 193 District Court 17/12/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - CULTIVATION

COMMISSIONER FOR CONSUMER AFFAIRS v BUILT IT PTY LTD & ZOLLO (No 2) [2019] SADC 191 District Court 17/12/2019

​PROFESSIONS AND TRADES - BUILDERS - DISCIPLINARY PROCEEDINGS

DUCAJ v THE QUEEN [2019] SASCFC 152 Supreme Court - Court of Criminal Appeal 17/12/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

R v HOY [2019] SADC 186 District Court 9/12/2019

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

R v W, R G [2019] SADC 180 District Court 29/11/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT
CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - STATUTORY PROVISIONS RELATING TO EVIDENCE OF CHILDREN
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY

MILLARD SHAW PTY LTD v BYRNES [2019] SADC 187 District Court 5/12/2019

​GUARANTEE AND INDEMNITY - ACTIONS AGAINST SURETY
GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - CONSIDERATION
DEEDS - FORM AND EXECUTION
EVIDENCE - DOCUMENTARY EVIDENCE - PROOF OF HANDWRITING AND SIGNATURE - OPINION EVIDENCE

PASTINA PTY LTD v HOSANNA EXCELSIS ONE UNIVERSAL CHRUCH INCORPORATED (No 2) [2019] SADC 192 District Court 16/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INTERLOCUTORY PROCEEDINGS - DISCOVERY AND INTERROGATORIES

PASTINA PTY LTD v HOSANNA EXCELSIS ONE UNIVERSAL CHURCH INCORPORATED [2019] SADC 190 District Court 13/12/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS
ESTOPPEL - ESTOPPEL BY JUDGMENT - ANSHUN ESTOPPEL

R v W, N P [2019] SADC 143 District Court 30/09/2019

​EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED

MA v POLICE [2019] SASC 212 Supreme Court - Magistrates Appeals 13/12/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES

MCMANUS v POLICE [2019] SASC 206 Supreme Court - Magistrates Appeals 5/12/2019

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

R v KEEN [2019] SADC 189 District Court 13/12/2019

​CRIMINAL LAW - EVIDENCE - OPINION EVIDENCE - EXPERT OPINION
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - APPROPRIATION

THE DIRECTOR OF PUBLIC PROSECUTIONS v LUIGI VITALE AND ANOR [2019] SADC 167 District Court 6/11/2019

​CRIMINAL LAW - PROCEDURE - CONFISCATION OF PROCEEDS OF CRIME AND RELATED MATTERS - RESTRAINING OR FREEZING ORDER - VARIATION GENERALLY

R v PG; R v VETTESE [2019] SASC 211 Supreme Court - Magistrates Appeals 12/12/2019

​CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - SERIOUS AND ORGANISED CRIME SUSPECTS
CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - OTHER CASES

KHAN v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASCFC 150 Supreme Court - Full Court 9/12/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - INJURY, DISEASE OR DISABILITY

R v A, C A [2019] SADC 182 District Court 3/12/2019

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

ATTORNEY-GENERAL (SA) v HUCULJAK (NO. 2) [2019] SASC 210 Supreme Court 10/12/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - OTHER MATTERS

R v S, A J [2019] SADC 183 District Court 5/12/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD

FOOD AND BEVERAGE AUSTRALIA LIMITED v P J NASH PTY LTD & ANOR [2019] SASC 208 Supreme Court 6/12/2019

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS
CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - RELATIONS BETWEEN PRINCIPAL AND THIRD PERSONS - RIGHTS AND LIABILITIES OF PRINCIPAL IN RESPECT OF CONTRACTS OF AGENT - IN GENERAL
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION

R v KNOWLES [2019] SADC 179 District Court 2/12/2019

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

S, M v S, RK [2019] SADC 184 District Court 4/12/2019

​DAMAGES - PARTICULAR AWARDS OF GENERAL DAMAGES - SOUTH AUSTRALIA - GENERALLY
TORTS - TRESPASS - TRESPASS TO THE PERSON - ACTION FOR DAMAGES
EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - GENERALLY - SUFFICIENCY

COMMUNITY CORPORATION 41170 INC v CEG DIRECT SECURITIES P/L (No 1) [2019] SADC 185 District Court 4/12/2019

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - ADJOURNMENT

EMERALD EMPEROR INVESTMENTS PTY LTD (IN LIQ) & ANOR v KUMALI PTY LTD & ANOR [2019] SADC 181 District Court 5/12/2019

​CORPORATIONS - MANAGEMENT AND ADMINISTRATION - OFFICERS OF CORPORATION - DIRECTOR - WHO IS A DIRECTOR
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - FIDUCIARY AND RELATED STATUTORY DUTIES - REMEDIES AND PENALTIES FOR BREACH OF DUTY
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES AND VOIDABLE TRANSACTIONS - UNCOMMERCIAL TRANSACTIONS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - DEPARTURE

SPIROS VLAHIOTIS (DECEASED) [2019] SASC 207 Supreme Court 5/12/2019

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS

HUMMINGBIRD HOMES v LIGHT CONSULTANTS & ORS [2019] SADC 178 District Court 29/11/2019

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - REMEDIES FOR BREACH OF CONTRACT - PARTICULAR CASES
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES
TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - PARTICULAR CASES
TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES - APPORTIONMENT IN PARTICULAR SITUATIONS AND CASES

(NO. 1 OF 2019) [2019] SASCFC 149 Supreme Court - Court of Criminal Appeal 3/12/2019

​CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE LEGISLATURE - LEGISLATION AND LEGISLATIVE POWERS - EXAMINATION OF VALIDITY OF LEGISLATION BY COURTS

QUESTION OF LAW RESERVED (NO. 1 OF 2019) Supreme Court - Court of Criminal Appeal 3/12/2019

CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE LEGISLATURE - LEGISLATION AND LEGISLATIVE POWERS - EXAMINATION OF VALIDITY OF LEGISLATION BY COURTS

VANDENBERGH v POLICE [2019] SASC 205 Supreme Court - Magistrates Appeals 29/11/2019

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

STEICKE v PEDERICK & ANOR [2019] SASCFC 148 Supreme Court - Full Court 29/11/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE - IN GENERAL
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS

PETER MCBRIDE (DECEASED) [2019] SASC 204 Supreme Court 22/11/2019

​SUCCESSION - ADMINISTRATION OF ESTATE

WOODS v COLLINS [2019] SASCFC 146 Supreme Court - Full Court 22/11/2019

​TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES
TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - ACTIONS FOR NEGLIGENCE - APPORTIONMENT OF DAMAGES

ELEKWACHI v NURSING & MIDWIFERY BOARD OF AUSTRALIA [2019] SADC 177 District Court 27/11/2019

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - GENERALLY
PROFESSIONS AND TRADES - MEDICAL AND RELATED PROFESSIONS - OTHER FIELDS OF PRACTICE - NURSES

R v D [2019] SADC 176 District Court 27/11/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - GENERALLY

LORKE v THE QUEEN [2019] SASCFC 147 Supreme Court - Court of Criminal Appeal 22/11/2019

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - VERDICT AGAINST EVIDENCE OR WEIGHT OF EVIDENCE - VERDICT AGAINST WEIGHT OF EVIDENCE - WHEN NEW TRIAL REFUSED - VERDICT NOT UNREASONABLE - GENERALLY
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - JUDGE'S SUMMING UP
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - SELF-DEFENCE AND OTHER FORMS OF DEFENCE

MCDONALD v SUPREME COURT OF SOUTH AUSTRALIA & ANOR [2019] SASC 201 Supreme Court 26/11/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES - EXCLUDED DECISIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - DISTINCTION BETWEEN ADMINISTRATIVE AND JUDICIAL FUNCTIONS