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
O'LOUGHLIN v WILSON [2019] SADC 166 District Court 7/11/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES

THE ESTATE OF THE LATE BETTY CROSBY [2019] SASC 189 Supreme Court 13/11/2019

​CHARITIES - CHARITABLE GIFTS AND TRUSTS - VALIDITY AND PRACTICABILITY - NON-EXISTENCE OF OBJECTS - GIFT TO CHARITABLE INSTITUTION: INSTITUTION CEASING TO EXIST - GENERALLY

FOX v CHANNEL SEVEN ADELAIDE PTY LTD & ORS [2019] SASC 188 Supreme Court 12/11/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS
DEFAMATION - ACTIONS FOR DEFAMATION - DISCOVERY AND INTERROGATORIES - DISCOVERY - IN GENERAL
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - ORDERS FOR FURTHER AND BETTER DISCOVERY

ANDERSON v COMMISSIONER OF HIGHWAYS (No 2) [2019] SASCFC 140 Supreme Court - Full Court 11/11/2019

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - PUBLIC DUTY INVOLVED

BURKE v THE QUEEN [2019] SASCFC 137 Supreme Court - Full Court 23/07/2019

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

R v HANKS [2019] SADC 139 District Court 16/09/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY

TATCHELL & ANOR v SOPH & ANOR [2019] SASC 187 Supreme Court 8/11/2019

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - PASSING OVER OF EXECUTOR AND OTHER MATTERS

BI (CONTRACTING) PTY LTD v DAVID JONES LTD [2019] SASCFC 138 Supreme Court - Full Court 8/11/2019

​TORTS - THE LAW OF TORTS GENERALLY - JOINT OR SEVERAL TORTFEASORS - CONTRIBUTION - GENERALLY - RELEVANT PRINCIPLES
TORTS - NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES - PRINCIPLES AND MODE OF APPORTIONMENT
WORKERS' COMPENSATION - WORKERS' COMPENSATION LEGISLATION FOR PARTICULAR INDUSTRIES AND DISEASES - DUST DISEASES - DAMAGES

GEEBUNG v THE QUEEN [2019] SASCFC 139 Supreme Court - Court of Criminal Appeal 8/11/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - EVIDENCE
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - TESTIMONY AS TO BELIEF IN IDENTITY

MAINTENANCE, RENOVATION & DEVELOPMENT OF GENERAL PROPERTY PTY LTD v MP LANDSCAPING PTY LTD [2019] SASC 185 Supreme Court 29/10/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - SETTING ASIDE
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

MANDEVILLE v BETTER LENDING PTY LTD & ANOR (NO 6) [2019] SADC 168 District Court 21/06/2019

​CONSUMER CREDIT - CREDIT PROTECTION - GENERAL - OPERATION OF CREDIT LEGISLATION - INTERPRETATION AND DEFINITIONS - LOAN CONTRACT
ESTOPPEL - ESTOPPEL BY JUDGMENT - ANSHUN ESTOPPEL - GENERALLY
EQUITY - GENERAL PRINCIPLES - UNDUE INFLUENCE AND DURESS

PLAYERS PTY LTD (IN LIQ) & ORS v CLONE PTY LTD [2019] SASC 186 Supreme Court 24/10/2019

​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

ATKINS v CAUCHI; ATKINS v PILGRIM [2019] SASC 184 Supreme Court 1/11/2019

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

COMMONWEALTH OF AUSTRALIA v SAADAT & ORS [2019] SASCFC 124 Supreme Court - Court of Criminal Appeal 11/10/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FROM INTERLOCUTORY DECISIONS
PROCEDURE - COSTS - INTERLOCUTORY PROCEEDINGS - ADJOURNMENT AND AMENDMENT

MALESEVIC v THE QUEEN [2019] SASCFC 134 Supreme Court - Court of Criminal Appeal 31/10/2019

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

NEW STANDARD ENERGY PEL 570 PTY LTD & ANOR v OUTBACK ENERGY HUNTER PTY LTD & ANOR [2019] SASCFC 132 Supreme Court - Full Court 31/10/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v KADER & ZHALAYE [2019] SADC 157 District Court 28/10/2019

​CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - SEARCH WARRANTS - GENERALLY, ISSUE AND VALIDITY - GENERALLY
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - JOINT OR SEPARATE TRIAL - GENERALLY

ABDIRAHMAN-KHALIF v THE QUEEN [2019] SASCFC 133 Supreme Court - Court of Criminal Appeal 31/10/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF DEFENCE CASE

POLLEY & ANOR v ZOLLO & ORS (No 2) [2019] SADC 164 District Court 23/09/2019

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

ROGERS v POLICE [2019] SASC 182 Supreme Court 25/10/2019

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

COMMISSIONER FOR CONSUMER AFFAIRS v MARLEY-DUNCAN [2019] SADC 154 District Court 28/10/2019

​ADMINISTRATIVE LAW

R v BRIDGLAND [2019] SADC 162 District Court 1/11/2019

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

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - RECEIVING AND POSSESSION OF PROPERTY STOLEN OR REASONABLY SUSPECTED OF BEING STOLEN OR UNLAWFULLY OBTAINED - POSSESSION OF PROPERTY STOLEN OR SUSPECTED TO BE STOLEN OR UNLAWFULLY OBTAINED - SUSPECTED OR REASONABLY SUSPECTED OR SUPPOSED TO HAVE BEEN STOLEN OR UNLAWFULLY OBTAINED - REASONABLENESS OF SUSPICION

MANASSEN HOLDINGS PTY LTD & ANOR v COMMERCIAL & GENERAL CORPORATION PTY LTD (NO 2) [2019] SASC 183 Supreme Court 31/10/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - TAXATION AND OTHER FORMS OF ASSESSMENT - GST CONSIDERATIONS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - INTEREST ON JUDGMENTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS - PARTICULAR CASES
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS - OFFER OF COMPROMISE OR OFFER TO SETTLE OR CONSENT TO JUDGMENT PURSUANT TO RULES - WHAT CONSTITUTES VALID OFFER

MEREZHKO v DIAMANDI & ANOR [2019] SADC 159 District Court 30/10/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

PAPPS v THE QUEEN [2019] SASCFC 136 Supreme Court - Full Court 31/10/2019

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

STATE OF SOUTH AUSTRALIA v HOLDER [2019] SASCFC 135 Supreme Court - Full Court 31/10/2019

​DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - EXCESSIVE OR INADEQUATE DAMAGES

BUNNEY v HOLT (No 2) [2019] SADC 160 District Court 30/10/2019

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

GOTTABEE PTY LTD v LAWDER PTY LTD [2019] SADC 155 District Court 30/10/2019

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

BULLOCK v THE QUEEN [2019] SASCFC 131 Supreme Court - Court of Criminal Appeal 29/10/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - PROCEDURE - DIRECTIONS TO JURY
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EXPRESSION OF JUDGE'S OWN OPINION - GENERALLY

MEG INVESTMENTS PTY LTD & ANOR v WAHLQVIST [2019] SADC 158 District Court 29/10/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT - FOR DEBT  OR LIQUIDATED DEMAND OR FOR POSSESSION OF LAND
PROCEDURE - JUDGMENTS AND ORDERS

R v PEDLER [2019] SASCFC 116 Supreme Court - Court of Criminal Appeal 8/10/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT

ATTORNEY-GENERAL (SA) v PENNINGTON [2019] SASC 180 Supreme Court 25/10/2019

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

LUMSDEN v POLICE [2019] SASC 178 Supreme Court 25/10/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - DRIVING WITHOUT DUE CARE AND ATTENTION OR REASONABLE CONSIDERATION FOR OTHER ROAD USERS

P v STATE OF SOUTH AUSTRALIA (IN THE RIGHT OF SOUTH AUSTRALIA POLICE) [2019] SASC 181 Supreme Court 25/10/2019

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - AWARD OR DETERMINATION - INTEREST

R v CHRYSSOMALLOS [2019] SASCFC 129 Supreme Court - Full Court 24/10/2019

​CRIMINAL LAW - PROCEDURE - PROSECUTION - NOLLE PROSEQUI
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST ACQUITTAL
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PARTICULAR CASES - WHERE APPEAL ALLOWED

R v PEDLER (No 2) [2019] SASCFC 117 Supreme Court - Full Court 8/10/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - GENERALLY

RIBBON v THE QUEEN [2019] SASCFC 130 Supreme Court - Court of Criminal Appeal 25/10/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - OTHER OFFENCES
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - JUDGE'S SUMMING UP
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - SPECIFIC INTERPRETATIONS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - CONSIDERATION OF EXTRINSIC MATTERS

CPB FINANCIAL SERVICES PTY LTD ACN 008 286 897 v KALIC [2019] SADC 149 District Court 11/10/2019

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSIDERATION
CONTRACTS - RESTRAINT OF TRADE
CONTRACTS - EMPLOYMENT CONTRACT - NON COMPETITION AND NON SOLICITATION

R v WRIGHT [2019] SASCFC 128 Supreme Court - Court of Criminal Appeal 18/10/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
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
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE

THE TREASURER FOR THE STATE OF SA & ANOR v UNITED TRADES AND LABOR COUNCIL OF SA [2019] SASC 177 Supreme Court 21/10/2019

INDUSTRIAL LAW - SOUTH AUSTRALIA - APPEALS AND REFERENCES - TO SUPREME COURT
INDUSTRIAL LAW - SOUTH AUSTRALIA - INDUSTRIAL INSTRUMENTS - MAKING AND INTERPRETATION OF INDUSTRIAL INSTRUMENTS - MAKING OR INTERPRETATION OF PARTICULAR AWARDS OR AGREEMENTS - LEAVE PROVISIONS
INDUSTRIAL LAW - SOUTH AUSTRALIA - INDUSTRIAL INSTRUMENTS - AWARDS

ATHANASIADIS v POLICE [2019] SASC 176 Supreme Court 18/10/2019

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING UNDER INFLUENCE OF INTOXICATING LIQUOR OR A DRUG
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - EVIDENCE - BREATH TEST AND ANALYSIS

KUCHAR v THE QUEEN [2019] SASCFC 127 Supreme Court - Court of Criminal Appeal 17/10/2019

​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

LEGAL PROFESSION CONDUCT COMMISSIONER v A PRACTITIONER [2019] SASCFC 126 Supreme Court - Full Court 11/10/2019

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - OTHER CAUSES OF ACTION AND MATTERS

PLOUBIDIS v CARLING [2019] SADC 151 District Court 14/10/2019

​COMMUNICATIONS LAW - SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS - INTERCEPTION AND PROHIBITION THEREOF

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT - EVIDENCE IN SUPPORT OF APPLICATION

SOUTH AUSTRALIAN EMPLOYERS' CHAMBER OF COMMERCE AND INDUSTRY INCORPORATED v COMMISSIONER OF STATE TAXATION [2019] SASCFC 125 Supreme Court - Full Court 16/10/2019

​TAXES AND DUTIES - PAYROLL TAX - OBJECTIONS, APPEALS AND REVIEWS
TAXES AND DUTIES - PAYROLL TAX - LIABILITY TO TAXATION - EXEMPTIONS - NON-PROFIT ORGANISATIONS
CHARITIES - CHARITABLE PURPOSES - OTHER PURPOSES BENEFICIAL TO PUBLIC
CHARITIES - NON-CHARITABLE PURPOSES - ECONOMIC AND COMMERCIAL PURPOSES

BETTAFORM PTY LTD v LEIGHTON CONTRACTORS (PHILIPPINES) INC [2019] SASC 175 Supreme Court 11/10/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - SETTING ASIDE

DWLB v THE QUEEN (No 2) [2019] SASCFC 123 Supreme Court - Full Court 11/10/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE

AIO v THE QUEEN [2019] SASCFC 121 Supreme Court - Full Court 8/10/2019

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

REDMAN v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 167 Supreme Court 24/10/2019

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

ANANGU PITJANTJATJARA YANKUNYTJATJARA v OMBUDSMAN & ANOR [NO 2] [2019] SASC 173 Supreme Court 4/10/2019

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

ANDERSON v COMMISSIONER OF HIGHWAYS [2019] SASCFC 119 Supreme Court - Full Court 4/10/2019

​REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION - ASSESSMENT

MSP v THE QUEEN [2019] SASCFC 120 Supreme Court - Full Court 4/10/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF CROWN CASE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - REVIEW OF EVIDENCE
CRIMINAL LAW - EVIDENCE - OPINION EVIDENCE

PUBLIC TRUSTEE (THE COMMUNITY FOUNDATION OF SOUTH AUSTRALIA) v ATTORNEY-GENERAL (SA) [2019] SASC 172 Supreme Court 4/10/2019

​CHARITIES - ADMINISTRATION AND CONTROL BY COURT - GENERALLY
CHARITIES - CHARITABLE GIFTS AND TRUSTS - IN GENERAL

R v CALIKES [2019] SADC 148 District Court 20/09/2019

​CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ARREST AND DETENTION - EFFECTING ARREST - OTHER MATTERS

TRAILL v THE QUEEN [2019] SASCFC 122 Supreme Court - Full Court 4/10/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING

FALKINER v THE QUEEN [2019] SASCFC 118 Supreme Court - Court of Criminal Appeal 3/10/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - POINTS AND OBJECTIONS NOT TAKEN BELOW
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE

ZHAO & ORS v AST INVESTMENTS PTY LTD & ORS (NO 2) [2019] SASC 174 Supreme Court 2/10/2019

​COURTS AND JUDGES - CONTEMPT - PARTICULAR CONTEMPTS - DISOBEDIENCE OF ORDERS OF COURT - RULES OF COURT

BUNNEY v HOLT [2019] SADC 145 District Court 2/10/2019

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS
RESTITUTION - MISTAKE: RESTITUTION ARISING FROM A PLAINTIFF'S MISTAKEN ACTIONS - RECOVERY OF MONEY PAID UNDER MISTAKE

NORTHCOTT v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 170 Supreme Court 27/09/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW

R v NIKOLIC [2019] SADC 146 District Court 25/10/2019

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - GENERALLY
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OFFENCES - OTHER OFFENCES AND MATTERS

STATE OF SOUTH AUSTRALIA (IN RIGHT OF DEPARTMENT FOR EDUCATION AND CHILD DEVELOPMENT) v DOLAN [2019] SASC 168 Supreme Court 27/09/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW

ALEXANDRINA COUNCIL v FOSTER [2019] SADC 140 District Court 26/09/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION
HIGHWAYS - DEFINITIONS AND GENERAL MATTERS -  ROAD

R v P, TJ [2019] SASCFC 114 Supreme Court - Court of Criminal Appeal 1/10/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - NON-DIRECTION
CRIMINAL LAW - EVIDENCE - COMPLAINTS - GENERALLY

TALBOT v THE QUEEN (No 2) [2019] SASCFC 113 Supreme Court - Court of Criminal Appeal 27/09/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - ABORIGINALITY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - CONTRITION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - SENTENCE: PARTICULAR CASES - MINIMUM TERM, NON-PAROLE PERIOD

MANASSEN HOLDINGS PTY LTD & ANOR v COMMERCIAL & GENERAL CORPORATION PTY LTD [2019] SASC 171 Supreme Court 30/10/2019

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS
ESTOPPEL - ESTOPPEL BY CONDUCT - PROMISSORY ESTOPPEL
ESTOPPEL - ESTOPPEL BY DEED OR CONVENTION - ESTOPPEL BY CONVENTION

R v CADMAN [2019] SADC 144 District Court 27/09/2019

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

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD [2019] SASCFC 111 Supreme Court - Full Court 27/09/2019

​DEFAMATION - JUSTIFICATION - GENERALLY
DEFAMATION - FAIR COMMENT - IN GENERAL - COMMENT AT COMMON LAW
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - FURTHER EVIDENCE

TALBOT v THE QUEEN [2019] SASCFC 112 Supreme Court - Court of Criminal Appeal 27/09/2019

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

ANANGU PITJANTJATJARA YANKUNYTJATJARA v OMBUDSMAN & ANOR [2019] SASC 162 Supreme Court 13/09/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - GENERALLY
ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - REVIEW OF DECISIONS
ADMINISTRATIVE LAW - THE OMBUDSMAN - REVIEW OF OMBUDSMAN'S DECISIONS

R v BURGESS [2019] SASCFC 109 Supreme Court - Full Court 18/09/2019

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
EVIDENCE - DOCUMENTARY EVIDENCE - PROOF OF HANDWRITING AND SIGNATURE - OPINION EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE

ZHAO & ORS v AST INVESTMENTS PTY LTD & ORS [2019] SASC 166 Supreme Court 23/09/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - RECEIVERS - APPOINTMENT OF RECEIVER
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - FREEZING ORDERS

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v AGNEW [2019] SASCFC 110 Supreme Court - Full Court 23/09/2019

​WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - ENTITLEMENTS REDEEMED OR COMMUTED TO A LUMP SUM - EFFECT OF LEGISLATIVE CHANGES
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - PERSONS ENTITLED TO COMPENSATION - OTHER CASES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW

VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER [NO 2] [2019] SASC 165 Supreme Court 13/09/2019

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

YUAN v LIU [2019] SADC 134 District Court 16/09/2019

​REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS

COSENZA & ANOR v VAN DYKE & ORS; COSENZA & ANOR v HENEKER & ORS; COSENZA & ANOR v VAN DYKE & ORS [2019] SASCFC 103 Supreme Court - Full Court 5/09/2019

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

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v AGNEW [2019] SASC 152 Supreme Court 23/08/2019

​WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - ENTITLEMENTS REDEEMED OR COMMUTED TO A LUMP SUM - EFFECT OF LEGISLATIVE CHANGES
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - PERSONS ENTITLED TO COMPENSATION - OTHER CASES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v BARNES [2019] SASC 151 Supreme Court 23/08/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE - EMPLOYMENT SUBSTANTIAL OR SIGNIFICANT CONTRIBUTING FACTOR - TO INJURY
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

SAMUEL ZACHARY KELLETT (DECEASED) [2019] SASC 163 Supreme Court 13/09/2019

​SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - MATTERS RELATING TO BENEFICIARIES

IN THE MATTER OF THE D MACDONALD STEELE MEMORIAL PRIZE [2019] SASC 164 Supreme Court 13/09/2019

​CHARITIES - CHARITABLE GIFTS AND TRUSTS - IN GENERAL
EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY

LYME v TRAN [2019] SADC 138 District Court 13/09/2019

​MAGISTRATES
PROCEDURE - JUDGMENTS AND ORDERS