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
ATTORNEY-GENERAL (SA) v BRANDON [2019] SASC 85 Supreme Court 29/03/2019

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

COMMISSIONER FOR CONSUMER AFFAIRS v BUILT IT PTY LTD & ZOLLO [2019] SADC 66 District Court 24/05/2019

​ADMINISTRATIVE LAW

COSENZA v ADELAIDE CITY COUNCIL [2019] SADC 58 District Court 15/05/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PARTIES AND REPRESENTATION - LEGAL REPRESENTATION

ONODY v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASCFC 56 Supreme Court - Full Court 24/05/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION

R v S, JG [2019] SADC 65 District Court 24/05/2019

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

R v THIYAGARAJAH [2019] SASC 84 Supreme Court 24/05/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

SACCO v LOCAL GOVERNMENT ASSOCIATION WORKERS COMPENSATION SCHEME (CITY OF SALISBURY) (No 2) [2019] SASC 80 Supreme Court 21/05/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - OTHER MATTERS

R v CATALANO [2019] SASCFC 52 Supreme Court 22/05/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - OTHER IRREGULARITIES
JURY - MATTERS RELATING TO JURORS - IRREGULARITIES RELATING TO CONDUCT OF JUROR
CRIMINAL LAW - EVIDENCE - CORROBORATION - SUFFICIENCY OF EVIDENCE TO CONVICT - SEXUAL OFFENCES
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - TESTS - WHETHER JURY WOULD HAVE RETURNED SAME VERDICT

R v SMITH (No 2) [2019] SADC 63 District Court 22/05/2019

​CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - RECORDS OF INTERVIEW - DISCRETION TO EXCLUDE

R v SMITH [2019] SADC 62 District Court 22/05/2019

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

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA v SEVEN NETWORK (OPERATIONS) LTD (No 2) [2019] SASCFC 53 Supreme Court - Full Court 22/05/2019

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS - CASE STATED AND RESERVATION OF QUESTION OF LAW
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

ITALIA CERAMICS INTERNATIONAL SUPER PTY LTD & ANOR v CM CORPORATION PTY LTD & ANOR [2019] SASCFC 54 Supreme Court - Full Court 21/05/2019

​LANDLORD AND TENANT - RENT - BREACH OF COVENANT TO PAY - ACTIONS TO RECOVER RENT OR DAMAGES - ACTION TO RECOVER RENT
LANDLORD AND TENANT - RENT - ABATEMENT
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION
LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES - INSPECTION AND REPAIR

VISCARIELLO v TAMASAUSKAS (NO 3) [2019] SASC 79 Supreme Court 15/05/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE - IN GENERAL

CARTWRIGHT & ANOR v STEVE LITTLE PLUMBING & DRAINAGE & ANOR [2019] SASC 76 Supreme Court 20/05/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - EMBARRASSING, TENDENCY TO CAUSE PREJUDICE, SCANDALOUS, UNNECESSARY ETC OR CAUSING DELAY IN PROCEEDINGS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE
COURTS AND JUDGES - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - REASONABLE APPREHENSION OF BIAS GENERALLY

MARISHA NOMINEES PTY LTD & ANOR v DAW [2019] SASC 77 Supreme Court 21/05/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - SERVICE OF NOTICE
EQUITY - GENERAL PRINCIPLES - EQUITABLE DEFENCES - LACHES AND DELAY - EFFECT AND AVAILABILITY AS A DEFENCE
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - RECOVERY ON QUANTUM MERUIT
LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - WHEN TIME BEGINS TO RUN

R v SINGH [2019] SASCFC 51 Supreme Court - Court of Criminal Appeal 17/05/2019

​CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - DIRECTIONS TO JURY
EVIDENCE - PROOF - STANDARD OF PROOF
CRIMINAL LAW - EVIDENCE - CREDIBILITY - PRIOR INCONSISTENT STATEMENTS - DIRECTIONS TO JURY
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

SAADAT v COMMONWEALTH OF AUSTRALIA & ORS (No 2) [2019] SASC 75 Supreme Court 17/05/2019

​PROCEDURE - COSTS - INTERLOCUTORY PROCEEDINGS - ADJOURNMENT AND AMENDMENT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS

DRUMMOND (DECEASED) [2019] SASC 74 Supreme Court 16/05/2019

​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION - HOME MADE WILL
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS

ATKINS v HUGHES & ANOR [2019] SASCFC 49 Supreme Court - Full Court 14/05/2019

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - HEARING - NATURE OF HEARING - OPPORTUNITY TO PRESENT CASE
LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION

COMMONWEALTH OF AUSTRALIA v SAADAT & ORS [2019] SASCFC 50 Supreme Court - Full Court 16/05/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS - OTHER CASES
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND 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 - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS

COSENZA & ANOR v VAN DYKE & ORS; COSENZA & ANOR v HENEKER & ORS; COSENZA & ANOR v VAN DYKE & ORS [2019] SASC 71 Supreme Court 10/05/2019

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

JONES v POLICE (NO 2) [2019] SASC 72 Supreme Court 14/05/2019

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

THOMAS v ATTORNEY-GENERAL (SA) [2019] SASCFC 21 Supreme Court - Court of Criminal Appeal 6/03/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - PREVENTIVE DETENTION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - GENERALLY
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - WRONG PRINCIPLE - GENERALLY

VICKERY v DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES [2019] SASC 73 Supreme Court 14/05/2019

​ENVIRONMENT AND PLANNING - TREES AND VEGETATION - NATIVE VEGETATION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

DIRECTOR OF PUBLIC PROSECUTIONS (SA) v KING [2019] SASC 42 Supreme Court 22/03/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - SEARCH WARRANTS - GENERALLY, ISSUE AND VALIDITY - VALIDITY

MCLEOD v POLICE [2019] SASC 69 Supreme Court 8/05/2019

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

O'MALLEY & ANOR v SINGH [2019] SASC 68 Supreme Court 8/05/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS

R v AL-SAMAWY [2019] SADC 42 District Court 5/04/2019

​CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE

R v F, KV [2019] SADC 53 District Court 3/05/2019

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

R v KRONI [2019] SADC 46 District Court 9/05/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

R v MACKAY [2019] SASCFC 45 Supreme Court - Court of Criminal Appeal 9/05/2019

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

R v MARK [2019] SASCFC 48 Supreme Court - Court of Criminal Appeal 9/05/2019

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

R v MATTHEWS [2019] SADC 57 District Court 10/05/2019

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

R v MONKS [2019] SASCFC 47 Supreme Court - Court of Criminal Appeal 9/05/2019

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - SUBSTANCE ABUSE

KEUNG v ABBOTT & ANOR [NO 3] [2019] SASCFC 46 Supreme Court - Full Court 9/05/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

R v WAGNER [2019] SASC 70 Supreme Court 9/05/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - LIFE SENTENCE - REDETERMINATION OR SETTING OF MINIMUM TERM OR NON-PAROLE PERIOD
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - DISCRETION TO REFRAIN FROM FIXING
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER

THE ESTATE OF BABICH v SOUTH AUSTRALIAN SUPERANNUATION BOARD (No 2) [2019] SADC 54 District Court 8/05/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL MATTERS

R v T, DJ [2019] SADC 51 District Court 1/05/2019

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

HURST v KOSZEWSKI [2019] SASC 67 Supreme Court 3/05/2019

​COURTS AND JUDGES - COURTS - JURISDICTION AND POWERS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION
FAMILY LAW AND CHILD WELFARE - THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION - JURISDICTION - DE FACTO RELATIONSHIPS

R v PARSONS [2019] SASCFC 43 Supreme Court - Court of Criminal Appeal 3/05/2019

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

RESCHKE v TREVOR RESCHKE NOMINEES PTY LTD (NO.2) [2019] SASCFC 42 Supreme Court - Full Court 1/05/2019

​REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - EXTENSION
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL

SHAHIN ENTERPRISES PTY LTD v DEVELOPMENT ASSESSMENT COMMISSION [2019] SASCFC 44 Supreme Court - Full Court 6/05/2019

​ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - CONSIDERATION OF PARTICULAR PLANNING MATTERS - AMENITY
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - CONSIDERATION OF PARTICULAR MATTERS - TRAFFIC AND PARKING

THE LEGAL PRACTITIONERS ACT 1981 (SA) RE DUNCAN JAMES FOWLER, A PRACTITIONER [2019] SASC 64 Supreme Court 26/04/2019

​PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES

VLASSIS v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 66 Supreme Court 3/05/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - CAUSAL RELATION BETWEEN INJURY AND INCAPACITY OR DEATH - NEW INTERVENING FORCE - MEDICAL TREATMENT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

POWELL & ANOR [2019] SASC 63 Supreme Court 24/04/2019

​CORPORATIONS - EXAMINATIONS RELATING TO INSOLVENCY - PROCEDURAL MATTERS - LIQUIDATOR'S AFFIDAVIT

R v TIPPING [2019] SASCFC 41 Supreme Court - Court of Criminal Appeal 29/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - OTHER PARTICULAR CASES
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - WARRANTS FOR ARREST AND DETENTION - EXECUTION
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ARREST AND DETENTION - EFFECTING ARREST - INFORMING PERSON ARRESTED OF FACT AND REASON

WANG v POLICE [2019] SASC 65 Supreme Court 26/04/2019

​TRAFFIC LAW - TRAFFIC REGULATION - RESTRICTIONS ON STOPPING AND PARKING
TRAFFIC LAW - DEFINITIONS - ROAD
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

KUNNEN (DECEASED) [2019] SASC 53 Supreme Court 17/04/2019

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - LIMITED, SPECIAL AND CONDITIONAL GRANTS OF PROBATE AND ADMINISTRATION - PROBATE OF LOST WILL
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DESTRUCTION OR MUTILATION, OR STRIKING OUT PORTIONS - PRESUMPTION OF DESTRUCTION OF LOST WILL INTENDED TO BE REVOKED - REBUTTAL OF PRESUMPTION
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS

R v MEDALIAN [2019] SASCFC 40 Supreme Court - Court of Criminal Appeal 23/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - RECOGNISANCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE GOVERNMENT - DEFRAUDING THE COMMONWEALTH

WONDIMU v POLICE [2019] SASC 62 Supreme Court 18/04/2019

​CRIMINAL LAW - PROCEDURE - BAIL - CONDITIONS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v BELL [2019] SADC 45 District Court 1/03/2019

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

SCHROEDER v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 61 Supreme Court 17/04/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE

R v W, R [2019] SASCFC 33 Supreme Court - Court of Criminal Appeal 11/04/2019

​CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

M, B v POLICE [2019] SASC 58 Supreme Court 12/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - CONSENT

R v GEBERT [2019] SASCFC 37 Supreme Court - Court of Criminal Appeal 12/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE - DIRECTIONS TO JURY

R v HUANG [2019] SASCFC 38 Supreme Court - Court of Criminal Appeal 12/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA v SEVEN NETWORK (OPERATIONS) LTD [2019] SASCFC 36 Supreme Court - Full Court 12/04/2019

​ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - EXEMPT DOCUMENTS - DOCUMENTS SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE

BC v THE PUBLIC ADVOCATE & ORS (No 2) [2019] SASC 54 Supreme Court 9/04/2019

​PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

BC v THE PUBLIC ADVOCATE & ORS (No 3) [2019] SASC 51 Supreme Court 5/04/2019

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - PUBLIC DUTY INVOLVED
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES - FAILURE IN PORTION OF A CASE

BC v THE PUBLIC ADVOCATE & ORS (NO 4) [2019] SASC 57 Supreme Court 12/04/2019

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - HABEAS CORPUS

BELACHO v NURSING AND MIDWIFERY BOARD OF AUSTRALIA [2019] SADC 44 District Court 5/04/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

DJUKANOVIC v JARBOUH & ANOR [2019] SADC 43 District Court 5/04/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

HANSSEN v COMMONWEALTH OF AUSTRALIA & ORS [2019] SASC 60 Supreme Court 12/04/2019

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

KEUNG v ABBOTT & ANOR [NO 2] [2019] SASCFC 39 Supreme Court - Full Court 12/04/2019

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

MILLS v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 56 Supreme Court 12/04/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE - EMPLOYMENT SUBSTANTIAL OR SIGNIFICANT CONTRIBUTING FACTOR - OTHER MATTERS

MINICOZZI v STARR & ORS [2019] SASC 55 Supreme Court 9/04/2019

​SUCCESSION - PERSONAL REPRESENTATIVES - EXECUTOR DE SON TORT AND INTERMEDDLER

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v MITCHELL [2019] SASCFC 34 Supreme Court - Full Court 11/04/2019

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION

S & AD BASHEER NOMINEES PTY LTD v BOLAND (No 2) [2019] SASCFC 35 Supreme Court - Full Court 11/04/2019

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS - CASE STATED AND RESERVATION OF QUESTION OF LAW

MCINTYRE & ANOR v QUALITY ROOFING SERVICES PTY LTD [2019] SASCFC 29 Supreme Court - Full Court 3/04/2019

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

R v NIKOLIC [2019] SASCFC 32 Supreme Court - Court of Criminal Appeal 5/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PARTICULAR CASES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY

HEYNE v POLICE; HEYNE v POLICE [2019] SASC 52 Supreme Court 4/04/2019

CRIMINAL LAW - APPEAL AND NEW TRIAL
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION
MAGISTRATES - ORDERS AND CONVICTIONS - CONVICTION - WHAT CONSTITUTES
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES - CONVICTIONS OF TRAFFIC OFFENCES RELATING TO OTHER MATTERS - DEMERIT POINTS

MARKS v POLICE; ROACH v POLICE [2019] SASC 50 Supreme Court 4/04/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - MISCARRIAGE OF JUSTICE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - SELF-DEFENCE AND OTHER FORMS OF DEFENCE - GENERALLY

STOKES v RAGLESS [2019] SASCFC 31 Supreme Court - Full Court 4/04/2019

​DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - WRONG PRINCIPLE - PARTICULAR CASES - DECISION AS TO COSTS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - FURTHER EVIDENCE

IN THE ESTATE OF THORNTON (DECEASED); AUSTRALIAN UNITY BANK LTD v JT HOLDINGS (SA) PTY LTD [2019] SASC 49 Supreme Court 29/03/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DETENTION, INSPECTION AND PRESERVATION - RECEIVERS - APPOINTMENT OF RECEIVER
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - PASSING OVER OF EXECUTOR AND OTHER MATTERS

R v OAKE [2019] SASCFC 30 Supreme Court - Court of Criminal Appeal 2/04/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF DEFENCE COUNSEL
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY
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 INVOLVING GRIEVOUS BODILY HARM OR SERIOUS INJURY

JOHNSON v THE STATE OF SOUTH AUSTRALIA [2019] SADC 35 District Court 27/03/2019

​TORTS - TRESPASS - TRESPASS TO THE PERSON - ACTION FOR DAMAGES

R v GHAMRAWI (NO 1) [2019] SADC 29 District Court 15/03/2019

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

R v GHAMRAWI (NO 2) [2019] SADC 27 District Court 8/03/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

R v P, R [2019] SADC 32 District Court 22/03/2019

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

PIAZZA & ANOR v STRATA CORPORATION 10147 INC & ANOR [2019] SADC 38 District Court 1/04/2019

​REAL PROPERTY - STRATA AND RELATED TITLES - GENERAL MATTERS - NATURE OF STRATA TITLE - WHAT CONSTITUTES COMMON PROPERTY

R v GRAHAM AND WEETRA [2019] SADC 41 District Court 1/04/2019

​CRIMINAL LAW - PROCEDURE

GABJET PTY LTD & ANOR v FUNK FRANCHISE PTY LTD & ORS [2019] SADC 37 District Court 26/03/2019

​EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - INJUNCTIONS TO PRESERVE STATUS QUO AND PROPERTY PENDING DETERMINATION OF RIGHTS
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - SERIOUS QUESTION TO BE TRIED
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - BALANCE OF CONVENIENCE

MATTHEWS IN HIS CAPACITY AS LIQUIDATOR OF GRAPHPAK AUSTRALIA PTY LTD v DNP AUSTRALIA PTY LTD [2019] SADC 36 District Court 26/03/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES AND VOIDABLE TRANSACTIONS - UNFAIR PREFERENCES

R v TILLEY [2019] SASCFC 28 Supreme Court - Court of Criminal Appeal 29/03/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - AMENDMENT

ROSS v ADAMS (AN INSPECTOR OF THE RSPCA) [2019] SASC 48 Supreme Court 29/03/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
ANIMALS - VARIOUS STATUTORY PROVISIONS - DOGS - REGISTRATION, IDENTIFICATION OF OWNERS AND SEIZURE AND DESTRUCTION

BUDIONO v POLICE [2019] SASC 37 Supreme Court 13/03/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE

CLONE PTY LTD v PLAYERS PTY LTD & ORS [2019] SASC 47 Supreme Court 21/03/2019

​PROCEDURE - COSTS - TAXATION

KHAN v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 46 Supreme Court 28/03/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE

MORGAN v TURNER REAL ESTATE [2019] SADC 34 District Court 22/03/2019

​LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES - RENTAL BONDS OR SECURITY DEPOSITS

PAPAGIORGOS v COMPLETE CREDIT ACQUISITIONS PTY LTD [2019] SASC 44 Supreme Court 28/03/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE

GWENDOLINE KATHERINE WILKINSON (NO. 2) [2019] SASC 45 Supreme Court 27/03/2019

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - PASSING OVER OF EXECUTOR AND OTHER MATTERS
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - PUBLIC TRUSTEES AND CURATORS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES

JONES v POLICE [2019] SASC 36 Supreme Court 13/03/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - DANGEROUS DRIVING

KNIGHT FRANK AUSTRALIA PTY LTD v AUSTRALIAN CENTRAL CREDIT UNION LTD (No 2) [2019] SASC 41 Supreme Court 27/03/2019

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS - INFORMAL OFFERS AND CALDERBANK LETTERS