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
STOKES v RAGLESS [2014] SASC 56 Supreme Court 17/04/2014

DEFAMATION - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS​

DAVID BRIAN COOMBER [2014] SASC 37 Supreme Court 13/03/2014

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - TO WHOM GRANTED AND WHEN NECESSARY GENERALLY  - SOUTH AUSTRALIA
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - MARRIAGE, DIVORCE OR ANNULMENT - GENERALLY
PRIVATE INTERNATIONAL LAW - DOMICILE - GENERALLY

FUJI XEROX AUSTRALIA PTY LTD v HARRIS [2014] SADC 59 District Court 16/04/2014

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES​

HURST v POLICE [2014] SASC 52 Supreme Court - Magistrates Appeals 15/04/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

LEGAL PRACTITIONERS CONDUCT BOARD v KUDRA [2014] SASCFC 37 Supreme Court - Full Court 11/04/2014

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 - PROCEEDINGS IN TRIBUNALS

M, PJ v W, JW [2014] SADC 58 District Court 4/04/2014

FAMILY LAW AND CHILD WELFARE - DE FACTO RELATIONSHIPS - ADJUSTMENT OF PROPERTY INTERESTS - RELEVANT CONSIDERATIONS​

PHILCOX v KING [2014] SASCFC 38 Supreme Court - Full Court 11/04/2014

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - FINDINGS ON ISSUE OF NEGLIGENCE
TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - ACTIONS FOR NEGLIGENCE
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE
TORTS - NEGLIGENCE - FATAL ACCIDENTS LEGISLATION - BY WHOM AND FOR WHOSE BENEFIT ACTION MAY BE BROUGHT
TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - INTERSECTIONS AND JUNCTIONS

R v CLIFT [2014] SASCFC 35 Supreme Court - Court of Criminal Appeal 10/04/2014

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 - GENERALLY

R v COLEMAN [2014] SADC 57 District Court 16/04/2014

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - ENTERING AS TRESPASSER OR WITH INTENT OR BEING FOUND WITH INTENT
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF​

ABL NOMINEES PTY LTD & ANOR v MCROBERT; MCROBERT v ABL NOMINEES PTY LTD & ANOR [2014] SASC 49 Supreme Court 11/04/2014

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​

R v BECHARA [2014] SASCFC 36 Supreme Court - Court of Criminal Appeal 10/04/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - SERIOUS OR VIOLENT OFFENDER

R v THOMPSON [2014] SASCFC 33 Supreme Court - Court of Criminal Appeal 10/04/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES - SENTENCE

R v USHER [2014] SASCFC 32 Supreme Court - Court of Criminal Appeal 10/04/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - EVIDENCE
CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT
CRIMINAL LAW - EVIDENCE - CREDIBILITY - PRIOR CONSISTENT STATEMENTS

TRENBERTH & ANOR v TRENBERTH [2014] SASC 50 Supreme Court 10/04/2014

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - MISTAKES AND OMISSIONS

VISCARIELLO v LIVESEY & ANOR [2014] SASCFC 40 Supreme Court - Full Court 14/04/2014

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - OTHER MATTERS - COSTS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT - SUBSTANTIVE RIGHT OR MATTER OF PROCEDURE - MATTERS OF PROCEDURE - INTERLOCUTORY ORDERS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - STRONG REASONS FOR INTERFERENCE

A, WM v S, J [2014] SADC 41 District Court 7/04/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - CONCURRENT JURISDICTION OF DIFFERENT COURTS

LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - OTHER CAUSES OF ACTION AND MATTERS
FAMILY LAW AND CHILD WELFARE - DE FACTO AND OTHER RELATIONSHIPS UNDER STATE LEGISLATION - ADJUSTMENT OF PROPERTY INTERESTS

R v TANCOCK [2014] SADC 54 District Court 11/04/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

NORA ANELLA LEBER (DECEASED) [2014] SASC 47 Supreme Court 3/04/2014

SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - GENERALLY
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - WHERE SEVERAL INSTRUMENTS - GRANT OF SINGLE PROBATE - GENERALLY
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA

THE PALACE GALLERY PTY LTD v THE LIQUOR AND GAMBLING COMMISSIONER & ORS [2014] SASCFC 26 Supreme Court - Full Court 4/04/2014

CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE LEGISLATURE - LEGISLATION AND LEGISLATIVE POWERS - EXAMINATION OF VALIDITY OF LEGISLATION BY COURTS
STATUTES - ACTS OF PARLIAMENT - VALIDITY OF LEGISLATION GENERALLY
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR CLASSES OF ACT - AMENDING ACTS
STATUTES - SUBORDINATE LEGISLATION - VALIDITY - UNREASONABLENESS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - CONSIDERATION OF EXTRINSIC MATTERS - EXPLANATORY MEMORANDA, PARLIAMENTARY DEBATES AND MATERIALS ETC

MOLLOY v EL MASRI [2014] SADC 53 District Court 4/04/2014

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES - AFFECTING PARTICULAR PROFESSIONS OR OCCUPATIONS
TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE

HOLLIDGE v POMEROY & ORS [2014] SASC 45 Supreme Court 31/03/2014

PROCEDURE​

R v FAEHRMANN; R v MOORE; R v PRICE-AUSTIN [2014] SASCFC 25 Supreme Court - Court of Criminal Appeal 2/04/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING CANNABIS, INDIAN HEMP OR HASHISH
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE - CIRCUMSTANCES OF OFFENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - MATERIAL RELEVANT FOR DETERMINING APPROPRIATE SENTENCE - OTHER MATTERS

R v KINNEAR [2014] SASCFC 30 Supreme Court - Court of Criminal Appeal 4/04/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL ALLOWED

MANCINI v LEGAL PRACTITIONERS CONDUCT BOARD [2014] SASCFC 31 Supreme Court - Full Court 4/04/2014

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - GENERALLY
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - TRUST MONEY
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - APPEALS

R v HARVEY [2014] SADC 50 District Court 1/04/2014

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

EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE

R v JEISMAN (No 3) [2014] SADC 52 District Court 4/04/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY

BASBUILD PTY LTD v HALL & ANOR [2014] SASC 44 Supreme Court 27/03/2014

PROCEDURE - COSTS - AGREEMENTS AS TO COSTS

PROCEDURE - COSTS - APPEALS AS TO COSTS - DISCRETION NOT EXERCISED
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PAYMENT INTO COURT, AND OFFERS TO SETTLE OR CONSENT TO JUDGMENT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS

BORDEX WINERACKS PTY LTD v BORDEX MANUFACTURING PTY LTD & ORS [2014] SASC 48 Supreme Court 28/03/2014

EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - GENERALLY
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - INJUNCTIONS TO PRESERVE STATUS QUO AND PROPERTY PENDING DETERMINATION OF RIGHTS - MAREVA INJUNCTIONS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PARTIES - JOINDER OF PARTIES

PUBLIC TRUSTEE AS EXECUTOR OF THE ESTATE OF CATHREINE ELIZABETH O'CONNOR (DECEASED) [2014] SASC 46 Supreme Court 1/04/2014

CHARITIES - CHARITABLE GIFTS AND TRUSTS - VALIDITY AND PRACTICABILITY - PROPERTY SUBJECT TO CHARITABLE TRUST
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION

R v CHE [2014] SASCFC 28 Supreme Court - Full Court 2/04/2014

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

CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - REFORMATION AND REHABILITATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - SENTENCE: WHAT CONSTITUTES

MURRAY & ORS v LESICAR & ORS [2014] SASC 43 Supreme Court 28/03/2014

PROCEDURE - COSTS - INTERLOCUTORY PROCEEDINGS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - INCONCLUSIVE PROCEEDINGS
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES

PANTAZIS & ANOR v JEZINA [2013] SADC 45 District Court 11/04/2013
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - GENERAL PRINCIPLES
R v D, JJ [2014] SASCFC 29 Supreme Court - Court of Criminal Appeal 1/04/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
JURY - VERDICTS AND FINDINGS - MAJORITY VERDICT
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - TEST TO BE APPLIED
EVIDENCE - COURSE OF EVIDENCE AND ADDRESSES
EVIDENCE - WITNESSES
CRIMINAL LAW - EVIDENCE - CREDIBILITY - PRIOR CONSISTENT STATEMENTS
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE

R v LAKIN [2014] SASCFC 23 Supreme Court - Court of Criminal Appeal 20/03/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - OTHER IRREGULARITIES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - MENTAL DISORDER

ACN 068 691 092 PTY LTD & ANOR v PLAN 4 INSURANCE SERVICES PTY LTD & ORS [2014] SASC 39 Supreme Court 20/03/2014

PROCEDURE - COSTS

ACN 077 068 734 PTY LTD AS TRUSTEE FOR THE E & C UNIT TRUST v ADELAIDE CEMETERIES AUTHORITY & ANOR [2014] SASC 40 Supreme Court 21/03/2014

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - GENERALLY
CORPORATIONS - LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS - POWERS - ULTRA VIRES DOCTRINE
ADMINISTRATIVE LAW - JUDICIAL REVIEW

HYNARD v GAVROS [2014] SASC 42 Supreme Court 25/03/2014

SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - DUTY OF TESTATOR - DUTY TO CHILDREN

R v DANIELE [2014] SASCFC 22 Supreme Court - Court of Criminal Appeal 20/03/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION - GENERALLY

R v KENNEDY [2014] SASCFC 24 Supreme Court - Court of Criminal Appeal 26/03/2014

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

GROOM v POLICE [2014] SASC 41 Supreme Court - Magistrates Appeals 21/03/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - OTHER MATTERS

MARGUSH v MADDEFORD [2014] SADC 44 District Court 20/03/2014

CONTRACTS - PARTICULAR PARTIES - VENDOR AND PURCHASER​

R v H, GJ (No 2) [2014] SADC 45 District Court 27/02/2014

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

R v H, GJ (No 3) [2014] SADC 46 District Court 7/03/2014

CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - JOINT OR SEPARATE TRIAL​

SAZZI v CHANG AND ORS (No 2) [2014] SADC 47 District Court 21/03/2014

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - CROSS-CLAIMS: SET-OFF AND COUNTERCLAIM​

SAZZI v CHANG AND ORS (No 3) [2014] SADC 48 District Court 21/03/2014

PROCEDURE - COSTS​

WOODWARD v DAVID JONES & ANOR [2013] SADC 159 District Court 25/11/2013

PROCEDURE​

CADOO v BHP BILLITON LIMITED (No 4) [2014] SADC 42 District Court 20/03/2014

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

EASLING v RANKINE [2014] SADC 40 District Court 20/03/2014

DEFAMATION - PRIVILEGE - ABSOLUTE PRIVILEGE - STATEMENTS MADE IN PARLIAMENT

R v RICHARDS [2014] SADC 43 District Court 19/03/2014

CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - WITHDRAWAL AND RESTORATION OF PLEA​

R v SAVCIC [2014] SASC 38 Supreme Court 19/03/2014

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 - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - OTHER OFFENCES

SKORPOS & ANOR v UNITED PETROLEUM PTY LTD [2014] SASCFC 21 Supreme Court - Full Court 17/03/2014

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES - MISCONDUCT, ETC - IN PROCEEDINGS - VEXATIOUS PROCESS AND ISSUES
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

SPARTALIS v BMD CONSTRUCTIONS PTY LTD [2014] SADC 37 District Court 13/03/2014

EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - GROUNDS - MISCONDUCT - GENERALLY
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - TERMINATION OR BREACH - GENERALLY
ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL - APPLICATION OF ESTOPPEL TO WHAT MATTERS - MATTERS NECESSARY TO DECISION
ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL - IDENTITY OF ISSUES - ACTIONS BASED ON NEGLIGENCE

BRENNAN-KUSS AND OTHERS v DIETMAN [2014] SASC 28 Supreme Court - Magistrates Appeals 5/03/2014

PRIMARY INDUSTRY - FISH - CONSTITUTIONAL, TERRITORIAL AND RELATED ISSUES
PRIMARY INDUSTRY - FISH - OFFENCES - TAKING PROHIBITED TYPE OF FISH
PRIMARY INDUSTRY - FISH - OFFENCES - TAKING OR POSSESSING UNDER PRESCRIBED WEIGHT OR SIZE
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - REFERENCE TO FRAMEWORK OF ACT
PRIMARY INDUSTRY - FISH - OFFENCES - PENALTY

CHAN v POLICE [2014] SASC 35 Supreme Court - Magistrates Appeals 13/03/2014

MAGISTRATES - ORDERS AND CONVICTIONS - DISMISSAL, CONDITIONAL DISCHARGE OR CONVICTION WITHOUT PENALTY FOR TRIVIAL OFFENCES OR EXTENUATING CIRCUMSTANCES - RELEVANT CONSIDERATIONS
MAGISTRATES - HEARING - EVIDENCE - ORAL EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - MISCELLANEOUS ROAD RULES - USE OF MOBILE PHONES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - REMISSION FOR REHEARING

KALIVACI v POLICE [2014] SASC 14 Supreme Court - Magistrates Appeals 13/03/2014

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

MARGARET JEANETTE WESTWOOD (DECEASED) [2014] SASC 23 Supreme Court 5/03/2014

SUCCESSION - MAKING OF A WILL - EXECUTION - ATTESTATION - GENERALLY
SUCCESSION - MAKING OF A WILL - EXECUTION - ATTESTATION - ATTESTATION CLAUSE

POLICE v BERRY [2014] SASC 33 Supreme Court - Magistrates Appeals 13/03/2014

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - TASMANIA - DRIVING WITH MORE THAN PRESCRIBED CONCENTRATION OF ALCOHOL IN BREATH OR BLOOD - SENTENCE AND PENALTY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

THOMAS v POLICE [2014] SASC 34 Supreme Court - Magistrates Appeals 13/03/2014

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

WALKER v POLICE [2014] SASC 32 Supreme Court - Magistrates Appeals 13/03/2014

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - OBLIGATORY AND DISCRETIONARY PROVISIONS - OTHER PARTICULAR CASES - WHERE SUBSTANTIAL COMPLIANCE WITH DEGREE OF SUBSTANTIALITY NECESSARY
CRIMINAL LAW - PROCEDURE - LIMITATION OF TIME FOR PROSECUTION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

A ESPOSITO, BY HER PERSONAL REPRESENTATIVE, S ESPOSITO & S ESPOSITO v NEJAD & WOOD; S ESPOSITO v WOOD [2014] SADC 39 District Court 28/02/2014

DAMAGES - GENERAL PRINCIPLES - RECOVERY OF COSTS​

CITY OF PORT ADELAIDE ENFIELD v BINGHAM [2014] SASC 36 Supreme Court 17/03/2014

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - ERROR OF LAW
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - IRRELEVANT CONSIDERATIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - RELEVANT CONSIDERATIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION - DECLARATIONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION - ORDERS TO QUASH DECISION

R v JOHNS [2014] SADC 36 District Court 13/03/2014

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

R v NIEMANN [2014] SADC 38 District Court 14/03/2014

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

SANDLAND-DOW v POLICE [2014] SASC 31 Supreme Court - Magistrates Appeals 14/03/2014

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF DEFENCE COUNSEL
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - WHAT CONSTITUTES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - NOTICES OF APPEAL - TIME FOR APPEAL AND EXTENSION THEREOF

R v KEOGH [2014] SASCFC 20 Supreme Court - Court of Criminal Appeal 11/03/2014

CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES

R v ATHANASAS [2014] SASCFC 19 Supreme Court - Court of Criminal Appeal 4/03/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - PRUPOSE OF SENTENCE - DETERRENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS - GENERALLY​

R v PAPALIA [2014] SASCFC 18 Supreme Court - Court of Criminal Appeal 7/03/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF DEFENCE CASE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - ALTERNATIVE VERDICTS - DIRECTIONS TO JURY

ZANKER v KUPSCH [2014] SASCFC 13 Supreme Court - Full Court 6/03/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - IN GENERAL - REASONABLE SUSPICION OF BIAS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FOR BIAS IN JUDICIAL PROCEEDINGS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - STRONG REASONS FOR INTERFERENCE - GENERALLY
WORKERS' COMPENSATION - OFFENCES

IN THE MATTER OF NUKLEEN INT PTY LTD (IN LIQUIDATION)(SUBJECT TO A DEED OF COMPANY ARRANGEMENT) ACN 158 147 767 [2014] SASC 30 Supreme Court 6/03/2014

CORPORATIONS - WINDING UP

R v ROACH [2014] SADC 35 District Court 7/03/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - CULTIVATION​

RAMSTROM v BALDINO [2014] SASC 29 Supreme Court 7/03/2014

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

JOHNSON v LEADER COMPUTERS PTY LTD; JOHNSON v SYNNEX AUSTRALIA PTY LTD [2014] SASCFC 14 Supreme Court - Full Court 5/02/2014

REAL PROPERTY - TORRENS TITLE - OFFENCES AND OTHER MATTERS

RESTITUTION - GENERAL PRINCIPLES
CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - CREATION OF RELATIONSHIP OF AGENCY

JOHNSON v POLICE [2014] SASC 26 Supreme Court - Magistrates Appeals 24/02/2014

MAGISTRATES - HEARING - REPRESENTATION OF ACCUSED

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - OTHER MATTERS

 

CARRAMATTA HOLDINGS PTY LTD AND ORS v THE COAST PROTECTION BOARD AND ORS [2014] SASC 24 Supreme Court 3/03/2014

PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE - VARIATION AND SETTING ASIDE OF CONSENT JUDGMENT​

R v KERIN [2014] SASC 19 Supreme Court 21/02/2014

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - GENERALLY
CRIMINAL LAW - PROCEDURE - PLEAS - PLEAS IN BAR - PLEA OF AUTREFOIS ACQUIT OR AUTREFOIS CONVICT
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS
EVIDENCE - DOCUMENTARY EVIDENCE - STATUTORY PROVISIONS RELATING TO BUSINESS RECORDS
EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - INVESTMENT OF TRUST FUNDS - MODE OF INVESTMENT - GENERALLY

DITROIA v POLICE [2014] SASC 27 Supreme Court - Magistrates Appeals 4/03/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - OTHER MATTERS

IN THE MATTER OF J, LC [2014] SASC 20 Supreme Court 24/02/2014

SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - MINORS​

MERICKA v EMPLOYERS MUTUAL/WORKCOVER CORPORATION (POLLARD BROTHERS PTY LTD) [2014] SASCFC 15 Supreme Court - Full Court 4/03/2014

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES - QUESTION OF LAW - GENERALLY
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - ENTITLEMENTS REDEEMED OR COMMUTED TO A LUMP SUM - GENERALLY

R v PERZEFI; R v GARUBI; R v TRACEY [2014] SASCFC 12 Supreme Court - Court of Criminal Appeal 26/02/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

KARASTAMATIS v TZANAVARAS (No 2) [2014] SASC 21 Supreme Court 27/02/2014

PROCEDURE - COSTS​

R v P, NJY [2014] SASCFC 10 Supreme Court - Full Court 19/02/2014

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  - GENERALLY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER

R v WHITE [2014] SADC 33 District Court 3/03/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES

ROHRLACH v POLICE [2014] SASC 25 Supreme Court - Magistrates Appeals 3/03/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS

R v CLAVELL [2014] SADC 30 District Court 25/02/2014

CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE

BROOKES v POLICE [2014] SASC 22 Supreme Court - Magistrates Appeals 26/02/2014

INSURANCE - MOTOR VEHICLES - COMPULSORY THIRD PARTY INSURANCE AND LIKE SCHEMES - OFFENCES - DRIVING, USE OR CAUSING OR PERMITTING USE OF UNINSURED VEHICLE - DRIVING OR USE OF UNINSURED VEHICLE
TRAFFIC LAW - REGISTRATION AND LICENSING OF PRIVATE VEHICLES - UNREGISTERED VEHICLES
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - OFFENCES - OTHER OFFENCES

HASSANI v ALIMI [2014] SADC 32 District Court 26/02/2014

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSIDERATION - WHAT AMOUNTS TO CONSIDERATION - GENERAL
EQUITY - GENERAL PRINCIPLES - GENERALLY
FAMILY LAW AND CHILD WELFARE - MARRIAGE AND ITS EFFECT - VOID MARRIAGES - GENERALLY

R v T, AM [2014] SADC 31 District Court 26/02/2014

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