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
RODDA & ANOR v IAN RODDA PTY LTD & ANOR; IAN RODDA PTY LTD v RODDA & ANOR [2015] SASC 95 Supreme Court 1/07/2015

​ESTOPPEL - ESTOPPEL BY CONDUCT - PROPRIETARY ESTOPPEL
ESTOPPEL - ESTOPPEL BY CONDUCT - ACT, OMISSION OR ASSUMPTION - REPRESENTATION GENERALLY - NATURE OF REPRESENTATION
EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - CONSTRUCTIVE TRUSTS - OTHER PARTICULAR CASES
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - DISCHARGE BY AGREEMENT - GENERALLY

SIRROM ENTERPRISES PTY LTD v AS BANNISTER & ORS [2015] SADC 100 District Court 25/06/2015

​TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE
PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - REMOTENESS AND CAUSATION - FORESEEABILITY OF DAMAGE

DESIGN JOINERY & DOORS PTY LTD v IPOWER PTY LTD & ANOR [2015] SASC 93 Supreme Court - Magistrates Appeals 26/06/2015

​RESTITUTION - GENERAL PRINCIPLES
EVIDENCE - COURSE OF EVIDENCE AND ADDRESSES - COURSE OF EVIDENCE - REOPENING CASE AND RECALLING WITNESSES - BY PARTIES
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - ACCEPTANCE - GENERALLY - LEGAL PRINCIPLES

BENDIGO & ADELAIDE BANK LTD v ANDRESSEN [2015] SADC 81 District Court 28/05/2015

​PROCEDURE

WESFARMERS GENERAL INSURANCE LTD v DOAN [2015] SADC 102 District Court 29/06/2015

​GUARANTEE AND INDEMNITY

POLICE v FORBES [2015] SASC 94 Supreme Court - Magistrates Appeals 26/06/2015

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER - PRACTICE AND PROCEDURE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - AFFRAY, RIOT, UNLAWFUL ASSEMBLY AND LIKE OFFENCES - AFFRAY

R v LENARCZYK [2015] SADC 95 District Court 25/06/2015

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

SINGH v PASSENGER TRANSPORT STANDARDS COMMITTEE [2015] SADC 101 Supreme Court 25/06/2015

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

BENDIGO & ADELAIDE BANK LIMITED v UEBERGANG [2015] SASC 92 Supreme Court 19/06/2015

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

BAMPTON v VITERRA LIMITED [2015] SASCFC 87 Supreme Court - Full Court 16/06/2015

EMPLOYMENT LAW - THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - TERMINATION BY OR AT INSTANCE OF EMPLOYEE
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - REDUNDANCY

CIROCCO CONSTRUCTIONS PTY LTD v CLARKE [2015] SADC 98 District Court 15/06/2015

MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - JURISDICTION, POWERS AND DUTIES

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION

MARCHESINI v GRIEGER [2015] SADC 89 District Court 5/06/2015

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

R v B, P [2015] SADC 94 District Court 19/06/2015

CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS

MANNING v RUSSELL & ANOR [2015] SASC 91 Supreme Court 17/06/2015

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PARTIES - OTHER MATTERS

CITY OF ONKAPARINGA v HOULAHAN [2015] SADC 91 District Court 12/06/2015

​ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - REVIEW OF DECISIONS

LAWRENCE & ANOR v CRISPIN & ANOR [2015] SADC 93 District Court 12/06/2015

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE

MALCOLM & ANOR v MALCOLM & ANOR [2015] SADC 96 District Court 16/06/2015

​CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - AUTHORITY OF AGENTS - CONSTRUCTION AND EXTENT OF AUTHORITY

MARONICH v TOP OAK PTY LTD & ORS [2015] SASC 87 Supreme Court 11/06/2015

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - PARTIES
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION - WHAT AMOUNTS TO REPUDIATION

POLICE v PITHANG [2015] SASC 88 Supreme Court - Magistrates Appeals 11/06/2015

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - INJUSTICE - PARTICULAR CASES - REFUSAL OF ADJOURNMENT
MAGISTRATES - HEARING - ADJOURNMENT AND REMAND - OTHER CASES
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - ADJOURNMENT - GROUNDS FOR GRANTING OR REFUSING - OTHER MATTERS

R v HUNTER [2015] SASCFC 84 Supreme Court - Court of Criminal Appeal 12/06/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - TO CONSIDER FRESH EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OTHERS

R v WHEELER [2015] SASCFC 83 Supreme Court - Court of Criminal Appeal 11/06/2015

​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  - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - SENTENCING

DIETMAN v BRENNAN-KUSS [2015] SASCFC 73 Supreme Court - Full Court 22/05/2015

PRIMARY INDUSTRY - FISH - OFFENCES - TAKING PROHIBITED TYPE OF FISH
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - REFERENCE TO FRAMEWORK OF ACT
PRIMARY INDUSTRY - FISH - OFFENCES - PENALTY

MARTIN v POLICE [2015] SASCFC 85 Supreme Court - Full Court 11/06/2015

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING UNDER INFLUENCE OF INTOXICATING LIQUOR OR A DRUG
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - WHEN NEW TRIAL REFUSED

R v DRUMMOND (NO 2) [2015] SASCFC 82 Supreme Court - Court of Criminal Appeal 5/06/2015

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO ORDER NEW TRIAL OR QUASH CONVICTION AND DIRECT ENTRY OF VERDICT OF ACQUITTAL

R v SPRECHER [2015] SASCFC 76 Supreme Court - Court of Criminal Appeal 20/06/2015

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - SENTENCE - AGGRAVATED OFFENCES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PARTICULAR CASES

R v W [2015] SASCFC 86 Supreme Court - Court of Criminal Appeal 11/06/2015

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - OTHER MATTERS
CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - EFFECT
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - MATERIAL RELEVANT FOR DETERMINING APPROPRIATE SENTENCE - OTHER MATTERS

SOO v PHYSIOTHERAPY BOARD OF AUSTRALIA (No 2) [2015] SADC 90 District Court 11/06/2015

ADMINISTRATIVE LAW

SUCCESS 618 PTY LTD v NEW ZEALAND NATURAL PTY LTD [2015] SASC 86 Supreme Court 10/06/2015

PROCEDURE - COSTS - SECURITY FOR COSTS

BALDINO v THE EQUAL OPPORTUNITY TRIBUNAL [2015] SASC 85 Supreme Court 9/06/2015

​EVIDENCE - PROHIBITION OF PUBLICATION OF EVIDENCE - STATUTORY POWERS

R v RAJKOVIC [2015] SASCFC 81 Supreme Court - Court of Criminal Appeal 5/06/2015

​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 PROCEDURE - FACTUAL BASIS FOR SENTENCE - EVIDENCE - BURDEN AND STANDARD OF PROOF
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT

EICAS v DAWSON [2015] SASCFC 78 Supreme Court - Full Court 3/06/2015

PROCEDURE - COSTS - APPEALS AS TO COSTS - WRONG EXERCISE OF DISCRETION
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES - DEMAND, OFFER AND CONSENT

HADY-ALI v POLICE [2015] SASC 84 Supreme Court - Magistrates Appeals 4/06/2015

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS

MARCHESINI v GRIEGER [2015] SADC 89 District Court 5/06/2015

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

MCINNES v DAVIES & ANOR [2015] SADC 88 District Court 4/06/2015

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

MUNZER v STATE OF SA (NO 2) [2015] SADC 82 District Court 2/06/2015

PROCEDURE - COSTS

R v CORBO [2015] SASCFC 80 Supreme Court - Court of Criminal Appeal 3/06/2015

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - ILLNESS OR PHYSICAL DISABILITY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT

SOUTHAM v DISTRICT COUNCIL OF LOWER EYRE PENINSULA [2015] SASC 82 Supreme Court 1/06/2015

ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT AND ITS PREDECESSORS - GENERAL MATTERS

GOLDEDGE HOLDINGS PTY LTD v LIQUOR AND GAMBLING COMMISSIONER & ANOR (No 2) [2015] SASC 81 Supreme Court 29/05/2015

​PROCEDURE - COSTS - SECURITY FOR COSTS

R v H, KA [2015] SADC 76 District Court 29/05/2015

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

TAKHAR AND ANOR v KYREN PTY LTD AND ORS [2015] SADC 83 District Court 3/06/2015

​CONTRACTS - PARTICULAR PARTIES - VENDOR AND PURCHASER

COLE v POLICE [2015] SASC 83 Supreme Court - Magistrates Appeals 2/06/2015

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - BREACH OF CONDITIONS OF SUSPENSION AND SENTENCE FOLLOWING BREACH
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - CUMULATIVE SENTENCES - GENERALLY

HAIU v RODGERS [2015] SADC 86 District Court 2/06/2015

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

PLOS v MROZ [2015] SADC 87 District Court 2/06/2015

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT

R v SCROOP [2015] SASCFC 79 Supreme Court - Court of Criminal Appeal 2/06/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - FINES
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - RECOGNISANCES - CONDITIONS

R v STEVENS [2015] SASC 79 Supreme Court 27/05/2015

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

IDAMENEO (NO 123) PTY LTD v SUSZKO [2015] SASCFC 77 Supreme Court - Full Court 28/05/2015

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS
PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT - IN GENERAL
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS

LOCKYEAR & ORS v NIEHUS & ANOR [2015] SASC 74 Supreme Court 19/05/2015

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 D, P J [2015] SADC 79 District Court 28/05/2015

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

G, CL [2015] SASC 80 Supreme Court 27/05/2015

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - LOSS OR LACK OF CAPACITY AND STATUTORY WILLS

MICHELE (MARY) MANISKAS [2015] SASC 77 Supreme Court 19/05/2015

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - GENERALLY
SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - LOSS OR LACK OF CAPACITY AND STATUTORY WILLS

R v LOODIN [2015] SASCFC 74 Supreme Court - Court of Criminal Appeal 19/05/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - EVIDENCE - HEARSAY - ADMISSIBILITY
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION

R v MARDON [2015] SADC 78 District Court 22/05/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

PACE & PACE v CHHABRA [2015] SADC 75 District Court 19/05/2015

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES

DE POI CONSULTING PTY LTD v DUTTON [2015] SADC 67 District Court 30/04/2015

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - PARTIES - GENERAL PRINCIPLES

HALLS v THE REGISTRAR OF MOTOR VEHICLES OF SA [2015] SASC 71 Supreme Court 15/05/2015

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - APPEALS

R v BROUGHAM [2015] SASCFC 75 Supreme Court - Court of Criminal Appeal 20/05/2015

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST ACQUITTAL
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - ALTERNATIVE VERDICTS
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INTOXICATION - PARTICULAR OFFENCES - MURDER

WOOLWORTHS LTD v FASSINA INVESTMENTS PTY LTD & ORS [2015] SASCFC 72 Supreme Court - Full Court 15/05/2015

GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - MATTERS FOR CONSIDERATION - WHETHER REQUIRED FOR NEEDS OF PUBLIC - SOUTH AUSTRALIA

MCKENZIE v POLICE [2015] SASC 78 Supreme Court - Magistrates Appeals 20/05/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
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 HILLIER & REILLY [2015] SADC 77 District Court 20/05/2015

​CRIMINAL LAW

KOWALSKI v LIESCHKE & WEATHERILL LAWYERS [2015] SASC 76 Supreme Court 19/05/2015

​PROCEDURE - COSTS - TAXATION - REVIEW - PROCEDURE

R v K, MC [2015] SASC 75 Supreme Court 18/05/2015

​EVIDENCE - WITNESSES - COMPETENCE AND COMPELLABILITY

PAUL v POLICE [2015] SASC 72 Supreme Court - Magistrates Appeals 15/05/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - MATERIAL RELEVANT FOR DETERMINING APPROPRIATE SENTENCE - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE

STEVENS v POLICE [2015] SASC 73 Supreme Court - Magistrates Appeals 15/05/2015

​CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - REFORMATION AND REHABILITATION
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE

POPULUS LAWYERS P/L v KENNEDY & CO P/L [2015] SADC 66 District Court 15/05/2015

MAGISTRATES


PROCEDURE - JUDGMENTS AND ORDERS - ACTIONS ON JUDGMENTS - IN GENERAL

R v LINDSAY [2015] SASCFC 62 Supreme Court - Court of Criminal Appeal 1/05/2015

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

COOK v GALLOWAY (No 2) [2015] SASC 44 Supreme Court - Magistrates Appeals 20/03/2015

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - REOPENING APPEAL
PROCEDURE - COSTS - APPEALS AS TO COSTS - MISTAKE OF LAW OR FACT
PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT - IN GENERAL

ENARTIS PACIFIC PTY LTD v TSCHARKE PTY LTD [2015] SASC 42 Supreme Court 19/03/2015

​PROCEDURE - COSTS - INTERLOCUTORY PROCEEDINGS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES - DISCONTINUANCE OR ABANDONMENT

FLAVIO AND SONS CIVIL PTY LTD v COMMERCIAL INDUSTRIAL BRAKE AND MECHANICAL SERVICE [2015] SADC 53 District Court 1/04/2015

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

LEONA JOHNSON (DECEASED) [2015] SASC 51 Supreme Court 30/03/2015

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - ADMINISTRATION WITH WILL ANNEXED - GENERALLY
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - WHEN LOST, MISLAID, DESTROYED OR NOT AVAILABLE - GENERALLY
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - KNOWLEDGE AND APPROVAL OF CONTENTS  - EVIDENCE - CIRCUMSTANCES AROUSING SUSPICION
SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - EVIDENCE - GENERALLY

MARTIN v SOUTH AUSTRALIAN HOUSING TRUST [2015] SADC 40 District Court 4/03/2015

​ LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION

MASTERS v CCC FINANCIAL SOLUTIONS NO. 3 PTY LTD [2015] SADC 71 District Court 30/04/2015

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

R v DRAOUI [2015] SASCFC 50 Supreme Court - Court of Criminal Appeal 17/04/2015

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - PROCEDURE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - COMMUNITY BASED ORDERS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

R v MORCOM [2015] SASCFC 30 Supreme Court - Court of Criminal Appeal 27/03/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - OBSCENE, INDECENT OR OBJECTIONABLE PUBLICATIONS OR REPRESENTATIONS - GENERALLY

R v STAVREAS [2015] SASCFC 68 Supreme Court - Court of Criminal Appeal 7/05/2015

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

RIDGWAY v SPORTING SHOOTERS' ASSOCIATION OF AUSTRALIA HUNTING & CONSERVATION BRANCH (SA) INC (No 2) [2015] SASC 56 Supreme Court 8/04/2015

​PROCEDURE – COSTS

EL-MASRI v MOLLOY & ANOR [2015] SASCFC 63 Supreme Court - Full Court 4/05/2015

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES

R v ROCKFORD [2015] SASCFC 51 Supreme Court - Court of Criminal Appeal 22/04/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v WILLIAMS [2015] SASCFC 66 Supreme Court - Court of Criminal Appeal 8/05/2015

​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  - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - PROCURATION

BROOKS v RULLO [2015] SADC 73 District Court 8/05/2015

CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - CAVEATS AGAINST DEALINGS - LAPSE, REMOVAL AND WITHDRAWAL

LEE v POLICE [2015] SASC 70 Supreme Court - Magistrates Appeals 8/05/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - MENS REA
CRIMINAL LAW - EVIDENCE - HEARSAY - EXCEPTIONS GENERALLY

R v FULLER [2015] SASCFC 71 Supreme Court - Court of Criminal Appeal 8/05/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - REVIEW OF EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v MULDOON [2015] SASCFC 69 Supreme Court - Court of Criminal Appeal 8/05/2015

​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
CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - OTHER CASES
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PROCEDURE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY

R v PHILLIPS [2015] SASCFC 67 Supreme Court - Court of Criminal Appeal 7/05/2015

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE - SEXUAL OFFENCES
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - DIRECTIONS AS TO PARTICULAR MATTERS - OTHER MATTERS

 

R v PHUONG; R v LEWAN [2015] SASCFC 70 Supreme Court - Court of Criminal Appeal 8/05/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
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  - PARITY BETWEEN CO-OFFENDERS

COMMONWEALTH BANK OF AUSTRALIA v PSEVDOS [2015] SASC 66 Supreme Court 30/04/2015

​REAL PROPERTY - TORRENS TITLE - UNREGISTERED INTERESTS - EQUITABLE ESTATES AND INTERESTS - PRIORITY BETWEEN EQUITABLE INTERESTS - EFFECT OF CAVEAT OR ABSENCE THEREOF
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - PURPOSE AND EFFECT OF CAVEAT - GENERALLY
EQUITY - GENERAL PRINCIPLES - PRIORITY AND NOTICE - PRIORITY - POSTPONEMENT OF PRIOR EQUITY
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

DOWKER & ANOR v PAOLETTI [2015] SASC 69 Supreme Court 6/05/2015

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS
HIGH COURT AND FEDERAL COURT - HIGH COURT OF AUSTRALIA - APPELLATE JURISDICTION - PROCEDURE - STAY OF PROCEEDINGS

GROWTHPOINT PROPERTIES LTD v COMMISSIONER OF STATE TAXATION [2015] SASCFC 65 Supreme Court - Full Court 4/05/2015

​TAXES AND DUTIES - STAMP DUTIES - TRANSACTIONS CONCERNING DUTIABLE PROPERTY - LIABILITY TO PAY DUTY - OTHER STATES AND TERRITORIES
TAXES AND DUTIES - STAMP DUTIES - TRANSACTIONS CONCERNING DUTIABLE PROPERTY - LAND RICH ENTITIES - OTHER STATES AND TERRITORIES
TAXES AND DUTIES - STAMP DUTIES - WHAT TRANSACTIONS OR INSTRUMENTS ARE LIABLE

THE COAST PROTECTION BOARD v CARRAMATTA HOLDINGS PTY LTD [2015] SASCFC 64 Supreme Court - Full Court 4/05/2015

​ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT AND ITS PREDECESSORS - GENERAL MATTERS
PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE - VARIATION AND SETTING ASIDE OF CONSENT JUDGMENT

DUBYNA & ANOR v SEGGAN & ORS [2015] SASC 67 Supreme Court 16/04/2015

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - WHEN LOST, MISLAID, DESTROYED OR NOT AVAILABLE
SUCCESSION - MAKING OF A WILL - EXECUTION

MARGARET WALTER SORRELL (DECEASED) [2015] SASC 68 Supreme Court 5/05/2015

​GIFTS - GIFTS INTER VIVOS - ESSENTIALS OF PERFECT GIFTS - GIFTS OF LAND OR INTERESTS THEREIN
REAL PROPERTY - TORRENS TITLE - UNREGISTERED INTERESTS - UNREGISTERED INSTRUMENTS - UNREGISTERED VOLUNTARY TRANSFER
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DESTRUCTION OR MUTILATION, OR STRIKING OUT PORTIONS - GENERALLY
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DEPENDENT RELATIVE REVOCATION - GENERALLY

R v BRUSNAHAN [2015] SADC 69 District Court 1/05/2015

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

R v CAPALDO [2015] SASCFC 56 Supreme Court - Court of Criminal Appeal 28/04/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - ROLE OF GUILTY PLEA OR DEPOSITIONS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FOR BIAS IN JUDICIAL PROCEEDINGS

R v PANNETT [2015] SASCFC 52 Supreme Court - Court of Criminal Appeal 28/04/2015

​TRAFFIC LAW - DEFINITIONS - OTHER DEFINITIONS
TRAFFIC LAW - OFFENCES - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

R v PRESLEY, MILLER & SMITH [2015] SASCFC 53 Supreme Court - Court of Criminal Appeal 28/04/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - MISDIRECTION AND NON-DIRECTION - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - JOINT TRIAL OF SEVERAL PERSONS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - JOINT TRIAL OF SEVERAL COUNTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF SUMMING UP AS A WHOLE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - CONSPIRACY - GENERALLY
CRIMINAL LAW - EVIDENCE - CORROBORATION - WHAT CONSTITUTES CORROBORATION - ADMISSIONS AND CONDUCT OF ACCUSED - LIES, DENIALS ETC

R v WILSON [2015] SASCFC 54 Supreme Court - Court of Criminal Appeal 28/04/2015

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

WILCZYNSKI AND ANOTHER v BANASIAK, MATEJKO AND OTHERS [2015] SADC 70 District Court 1/05/2015

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA