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
DEPUTY COMMISSIONER OF TAXATION v LEO & ORS [2019] SASC 146 Supreme Court 15/08/2019

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

KIDD v REGIONAL SKILLS TRAINING PTY LTD [2019] SASC 144 Supreme Court 15/08/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v B, DWL; R v B, CG [2019] SASCFC 101 Supreme Court - Court of Criminal Appeal 16/08/2019

​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
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF GENERAL CONDUCT OF TRIAL

R v TENNANT [2019] SASC 150 Supreme Court 16/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

REGISTRAR OF MOTOR VEHICLES v MAGISTRATES COURT OF SOUTH AUSTRALIA & ANOR [2019] SASC 142 Supreme Court 16/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW
MAGISTRATES - JURISDICTION

R v PERRE [2019] SASCFC 100 Supreme Court - Court of Criminal Appeal 14/08/2019

​CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - PRE-TRIAL PUBLICITY
CRIMINAL LAW - PROCEDURE - JURIES - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION

R v IWANCZENKO [2019] SASC 140 Supreme Court 13/08/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - PREVENTATIVE DETENTION
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

ATKINS v IINET PTY LTD [2019] SASCFC 98 Supreme Court - Full Court 8/08/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL
EQUITY - GENERAL PRINCIPLES - UNCONSCIONABILITY, UNCONSCIONABLE DEALINGS AND OTHER FORMS OF EQUITABLE FRAUD

KOWALSKI v SIM & ORS [2019] SASCFC 96 Supreme Court - Full Court 9/08/2019

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - DISABILITY - UNSOUNDNESS OF MIND - OTHER MATTERS
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - GENERALLY - POWER OF COURT TO EXTEND LIMITATION PERIOD

LAURO v MINTER ELLISON LAWYERS [2019] SASC 139 Supreme Court 12/08/2019

​APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

MITSUBISHI MOTORS AUSTRALIA LIMITED v KOWALSKI [2019] SASCFC 95 Supreme Court - Full Court 9/08/2019

​PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO PREVENT ABUSE OF PROCESS - ATTEMPTS TO RELITIGATE
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION

PLAYFORD VINEYARD PTY LTD (ACN 604 608 157) v WISHFORD NOMINEES PTY LTD (ACN 008 077 236) [2019] SASCFC 99 Supreme Court - Full Court 12/08/2019

​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
CONVEYANCING - THE CONTRACT AND CONDITIONS OF SALE - GENERALLY
CONVEYANCING - THE CONTRACT AND CONDITIONS OF SALE - OTHER PARTICULAR CONDITIONS

SHEPHERD v COOPER & ANOR [2019] SASC 138 Supreme Court 9/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - WHEN APPEAL LIES AND EFFECT OF DEATH OF PARTY

ATTORNEY-GENERAL (SA) v COABY [2019] SASC 137 Supreme Court 7/08/2019

​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

FITZPATRICK v LIFETIME SUPPORT AUTHORITY & ANOR [2019] SASCFC 97 Supreme Court - Full Court 9/08/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND PROVISIONS - PRESERVATION OF RIGHTS, LIABILITIES AND LEGAL PROCEEDINGS ON AMENDMENT, REPEAL, LAPSING ETC OF ACT OR PROVISION
STATUTES - ACTS OF PARLIAMENT - OPERATION AND EFFECT OF ACTS - RETROSPECTIVE OPERATION

LEGAL PROFESSION CONDUCT COMMISSIONER v A PRACTITIONER [2019] SASC 136 Supreme Court 8/08/2019

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA
PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES

JENNINGS v POLICE [2019] SASCFC 93 Supreme Court - Court of Criminal Appeal 30/07/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - POLICE OFFICERS

NICOLLE v POLICE [2019] SASC 134 Supreme Court 7/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE

R v B, JW [2019] SADC 102 District Court 2/08/2019

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

R v FOWLER [2019] SADC 100 District Court 31/07/2019

​CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - VOLUNTARY STATEMENTS
CRIMINAL LAW - EVIDENCE - CREDIBILITY
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - MOTIVE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - ENTERING AS TRESPASSER OR WITH INTENT OR BEING FOUND WITH INTENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT IN COMPANY

BALLANTYNE v NATIONAL HEAVY VEHICLE REGULATOR [2019] SASC 135 Supreme Court 5/08/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES

R v ROBERTS [2019] SASCFC 94 Supreme Court - Court of Criminal Appeal 1/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE - GENERALLY
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - EVIDENCE OF UNCHARGED ACTS
CRIMINAL LAW - EVIDENCE - HEARSAY - ADMISSIBILITY

HENDERSON v HOUSING CHOICES SOUTH AUSTRALIA LTD [2019] SASCFC 92 Supreme Court - Full Court 29/07/2019

​BANKRUPTCY - PROCEEDINGS IN CONNECTION WITH SEQUESTRATION

R v C, PJ [2019] SADC 101 District Court 2/08/2019

​CRIMINAL LAW - PARTICULAR OFFENCES

PAPAGIORGOS v COMPLETE CREDIT ACQUISITIONS PTY LTD [2019] SASCFC 90 Supreme Court - Full Court 25/07/2019

​PROCEDURE - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - JUDGMENT IN DEFAULT OF PLEADINGS OR PARTICULARS

STEPHENSON v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASCFC 89 Supreme Court - Full Court 25/07/2019

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ESTOPPEL

VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER [2019] SASC 111 Supreme Court 1/07/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT

GILLOTT v DISTRICT COURT OF SOUTH AUSTRALIA & ORS [2019] SASC 132 Supreme Court 30/07/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - CERTIORARI - GROUNDS FOR CERTIORARI TO QUASH - EXCESS OR WANT OF JURISDICTION - PARTICULAR INSTANCES OF JURISDICTIONAL ERROR

R v MILLER [2019] SASCFC 91 Supreme Court - Court of Criminal Appeal 29/07/2019

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - SELF-DEFENCE AND OTHER FORMS OF DEFENCE
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - DIRECTIONS TO JURY

HARWOOD v POLICE [2019] SASC 129 Supreme Court 26/07/2019

​CRIMINAL LAW - PROCEDURE - WITNESSES - CROSS-EXAMINATION
EVIDENCE - WITNESSES - CROSS-EXAMINATION - WHEN PERMITTED AND IN GENERAL - BY WHOM

HYPE INVESTMENTS PTY LTD AND SEBASTIANO v FUNK COFFEE AND FOOD PTY LTD AND ORS [2019] SADC 98 District Court 19/07/2019

​TRADE AND COMMERCE - TRADE AND COMMERCE GENERALLY - STATUTES RELATING TO MISLEADING OR DECEPTIVE CONDUCT IN TRADE

PSEVDOS v FIRST MORTGAGE COMPANY HOME LOANS PTY LTD [2019] SASC 130 Supreme Court 26/07/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - MASTERS

R v B, R [2019] SASCFC 86 Supreme Court - Court of Criminal Appeal 18/07/2019

​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 - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD

MONSERE PTY LTD & ANOR v RDM NOMINEES PTY LTD [2019] SASC 126 Supreme Court 24/07/2019

​CORPORATIONS

R v BARBER [2019] SASC 96 Supreme Court 7/06/2019

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA

TRELOAR v POLICE [2019] SASC 128 Supreme Court 24/07/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - TESTING AND ANALYSIS PROCEDURE - BREATH TEST AND ANALYSIS
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING UNDER INFLUENCE OF INTOXICATING LIQUOR OR A DRUG

CARUSO v BUILT IT PTY LTD (IN LIQ) (No 2) [2019] SASC 125 Supreme Court 22/07/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - PROCEEDINGS BY OR AGAINST THE COMPANY - LEAVE TO PROCEED - WHETHER LEAVE REQUIRED
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - PROCEEDINGS BY OR AGAINST THE COMPANY - LEAVE TO PROCEED - WHEN LEAVE GRANTED
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - OTHER MATTERS - COSTS

JAMES HONNER NOMINEES PTY LTD v GEARD (No 2) [2019] SADC 99 District Court 22/07/2019

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES

JAMES HONNER NOMINEES PTY LTD v GEARD [2019] SADC 78 District Court 21/06/2019

​TRADE AND COMMERCE - TRADE AND COMMERCE GENERALLY - STATUTES RELATING TO MISLEADING OR DECEPTIVE CONDUCT IN TRADE

MICHALAKAS v ANGAS SECURITIES LIMITED [2019] SASCFC 88 Supreme Court - Full Court 23/07/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA

SIROPOULOS v POLICE [2019] SASC 127 Supreme Court 19/07/2019

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

NANOSECOND CORPORATION PTY LTD & ANOR v GLEN CARRON PTY LTD & ANOR [2019] SASC 124 Supreme Court 19/07/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS
PROCEDURE - COSTS - SECURITY FOR COSTS - POVERTY - LACK OF MEANS
PROCEDURE - COSTS - SECURITY FOR COSTS - OTHER MATTERS

BENDIGO AND ADELAIDE BANK LIMITED (ACN 068 049 178) & ORS v KENNETH ROSS PICKARD & ANOR [2019] SASC 123 Supreme Court 16/07/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSIDERATION
DEEDS

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA v RASCHKE & ANOR [2019] SASCFC 83 Supreme Court - Full Court 11/07/2019

​CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT - THE CROWN - CLASSIFICATION OF FUNCTIONS: JUDICIAL, LEGISLATIVE OR ADMINISTRATIVE - PARTICULAR FUNCTIONS - OTHER MATTERS
CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - GENERAL MATTERS

GIAMEOS v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2019] SASC 118 Supreme Court 15/07/2019

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

POTTER & ANOR v BELLIFEMINI & ANOR [2019] SASC 120 Supreme Court 16/07/2019

​SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - WHETHER APPLICANT LEFT WITH INSUFFICIENT PROVISION

R v ARMISTEAD [2019] SASCFC 85 Supreme Court - Court of Criminal Appeal 16/07/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

HENDERSON v HOUSING CHOICES SOUTH AUSTRALIA LTD [2019] SASC 121 Supreme Court 12/07/2019

​BANKRUPTCY - ADMINISTRATION OF PROPERTY - PROPERTY AVAILABLE FOR PAYMENT OF DEBTS - PROPERTY DIVISIBLE AMONGST CREDITORS - CAPACITY TO EXERCISE POWERS
REAL PROPERTY - TORRENS TITLE - LEASES - GENERALLY
REAL PROPERTY - LICENCES - GENERALLY - LICENCE DISTINGUISHED FROM OTHER INTERESTS IN LAND

R v CALDWELL [2019] SASC 117 Supreme Court 15/07/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - PROCEDURE

SIMEONE FINANCIAL SERVICES v FLYNN [2019] SADC 96 District Court 12/07/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

CHERRY RED PTY LTD v CALONSAG [2019] SADC 95 District Court 10/07/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

MCQUINN v JCEE PTY LTD [2019] SASC 119 Supreme Court 10/07/2019

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA

NASH v FIELD [2019] SADC 92 District Court 3/07/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

R v KARNAGE [2019] SASCFC 82 Supreme Court - Court of Criminal Appeal 5/07/2019

​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 AND OTHER RELATED OFFENDERS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING

KOHN v FUCHS [2019] SADC 94 District Court 10/07/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

POWELL v DEPUY INTERNATIONAL LTD & ANOR [2019] SASC 116 Supreme Court 9/07/2019

​TRADE AND COMMERCE - TRADE PRACTICES ACT 1974 (CTH) AND RELATED LEGISLATION - PROCEDURE - JURISDICTION
COURTS AND JUDGES - COURTS - JURISDICTION AND POWERS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION - SPECIAL FEDERAL MATTER
COURTS AND JUDGES - COURTS - JURISDICTION AND POWERS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION - WHERE APPROPRIATE AND IN INTERESTS OF JUSTICE
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - JURISDICTION AND GENERALLY
HIGH COURT AND FEDERAL COURT - FEDERAL COURT - ORIGINAL JURISDICTION - MATTERS ARISING UNDER LAWS MADE BY PARLIAMENT

R v BLUNDELL [2019] SASCFC 84 Supreme Court - Court of Criminal Appeal 8/07/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING - VISUAL IDENTIFICATION GENERALLY
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - EFFECT OF FAILURE TO WARN

LIVING AUSTRALIA PTY LTD v RANS CONSULTING GROUP PTY LTD (NO 2) [2019] SASC 113 Supreme Court 5/07/2019

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

MAXILIFT AUSTRALIA PTY LTD v DONNELLY [2019] SASC 115 Supreme Court 5/07/2019

​COURTS AND JUDGES - CONTEMPT - PARTICULAR CONTEMPTS - BREACH OF UNDERTAKING TO COURT - GENERALLY
COURTS AND JUDGES - CONTEMPT - GENERAL PRINCIPLES

R v ZAUCH [2019] SASCFC 81 Supreme Court - Court of Criminal Appeal 5/07/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IRREGULARITIES IN RELATION TO JURY
CRIMINAL LAW - PROCEDURE - JURIES - COMMUNICATIONS FROM JURY
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE

THE PUBLIC ADVOCATE & ORS v C, B (No 2) [2019] SASCFC 78 Supreme Court - Full Court 4/07/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - GENERAL MATTERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - RECOVERY OF COSTS - ENTITLEMENT
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - TAXATION AND OTHER FORMS OF ASSESSMENT

R v DAKA [2019] SASCFC 80 Supreme Court - Full Court 3/07/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - SEARCH WARRANTS - GENERALLY, ISSUE AND VALIDITY
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

R v HIGGINS [2019] SASCFC 79 Supreme Court - Full Court 4/07/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - AVAILABILITY OF DEFENCE
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - COMPLICITY - COMMON PURPOSE OR JOINT CRIMINAL ENTERPRISE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER

DRAOUI v LE & ANOR [2019] SASC 114 Supreme Court 3/07/2019

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

R v ALLSOPP [2019] SASC 112 Supreme Court 3/07/2019

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

R v HOLDER [2019] SASCFC 73 Supreme Court - Court of Criminal Appeal 3/07/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - SENTENCE: PARTICULAR CASES - ATTEMPTED MURDER

LEADENHALL AUSTRALIA PTY LTD v DOMAN [2019] SADC 93 District Court 1/07/2019

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

R v R, G [2019] SADC 91 District Court 1/07/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - EVIDENCE - GENERALLY
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY - GENERALLY

ATTORNEY-GENERAL (SA) v DUROUX [2019] SASC 108 Supreme Court 28/06/2019

​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 - DANGEROUS SEXUAL OFFENDER - GENERALLY

ATTORNEY-GENERAL (SA) v MARMANIDIS (No 2) [2019] SASCFC 77 Supreme Court - Full Court 1/07/2019

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

COSENZA v ROY MORGAN INTERVIEWING SERVICES PTY LTD (No 2) [2019] SASC 110 Supreme Court 28/06/2019

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

 

DOUGLAS v MORGAN [2019] SASCFC 76 Supreme Court - Full Court 1/07/2019

​EVIDENCE - ADMISSIBILITY - EXCLUSIONS: PRIVILEGES - CLIENT LEGAL PRIVILEGE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION OF DOCUMENTS - GROUNDS FOR RESISTING PRODUCTION - PRIVILEGE - CLIENT LEGAL PRIVILEGE - FOR PURPOSES OF OR IN CONTEMPLATION OF LITIGATION

MILEN T/A JO-ANNE N MILEN & ASSOCIATES v STEC (No 2) [2019] SADC 81 District Court 13/06/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS
PROCEDURE - JUDGMENTS AND ORDERS - ENFORCEMENT OF JUDGMENTS AND ORDERS - EXECUTION AGAINST PROPERTY - OTHER WRITS AND MODES OF EXECUTION - CHARGING ORDERS

R v DEBOO [2019] SASCFC 74 Supreme Court - Court of Criminal Appeal 1/07/2019

​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 - SEXUAL OFFENCES - SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS

R v EMES [2019] SASCFC 75 Supreme Court - Court of Criminal Appeal 1/07/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EXPRESSION OF JUDGE'S OWN OPINION
CRIMINAL LAW - PROCEDURE - SUMMING UP

R v SPENCER [2019] SASCFC 70 Supreme Court - Court of Criminal Appeal 28/06/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - MISDIRECTION AND NON-DIRECTION

R v WATHERSTON [2019] SASC 109 Supreme Court 1/07/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - SELF-DEFENCE AND OTHER FORMS OF DEFENCE
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

GATER v TASSONE [2019] SADC 67 District Court 31/05/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

PORT ADELAIDE SALVAGE PTY LTD & ANOR v WOOD [2019] SASC 106 Supreme Court 28/06/2019

​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

R v HAYMAN [2019] SASCFC 72 Supreme Court - Court of Criminal Appeal 28/06/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS

MCINTYRE & ANOR v QUALITY ROOFING SERVICES PTY LTD (No 2) [2019] SASCFC 69 Supreme Court - Full Court 26/06/2019

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES

R v F, RPJ [2019] SASCFC 68 Supreme Court - Court of Criminal Appeal 27/06/2019

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

R v G, H [2019] SASCFC 71 Supreme Court - Court of Criminal Appeal 27/06/2019

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

R v GILL [2019] SADC 90 District Court 12/06/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - GENERALLY

RAYNERS BUILDING SUPPLIES PTY LTD v EFFICIENT PLASTERERS PTY LTD & ANOR [2019] SADC 77 District Court 14/06/2019

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES
EQUITY - EQUITABLE REMEDIES

HARLOW & ORS v STANSFIELD [2019] SADC 75 District Court 14/06/2019

​PROFESSIONS AND TRADES - LAWYERS - UNQUALIFIED PERSONS AND DISQUALIFIED PRACTITIONERS - ACTING AS SOLICITOR

KING v OMBUDSMAN & ANOR [2019] SASC 107 Supreme Court 26/06/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - RELEVANT CONSIDERATIONS
ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - CERTIORARI

THREDGOLD v FYFE PTY LTD [2019] SADC 89 District Court 14/09/2018

​TORTS - MALICIOUS PROCEDURE AND FALSE IMPRISONMENT - MALICIOUS CRIMINAL AND CIVIL PROCEEDINGS - ESSENTIALS OF CAUSE OF ACTION GENERALLY - INSTITUTION OR CONTINUANCE OF PROCEEDINGS BY DEFENDANT

BAILEY v KUEK [2019] SADC 82 District Court 24/06/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW

CPB FINANCIAL SERVICES PTY LTD v KALIC [2019] SADC 80 District Court 24/06/2019

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSIDERATION

DRAOUI v LE, THEN & COCK [2019] SADC 85 District Court 24/06/2019

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - ADJOURNMENT

MOLONEY v GLENELG COMMUNITY HOSPITAL INC [2019] SASC 101 Supreme Court 21/06/2019

​ASSOCIATIONS AND CLUBS - INCORPORATED ASSOCIATIONS - MEMBERS
ASSOCIATIONS AND CLUBS - RIGHTS, LIABILITIES AND DUTIES OF MEMBERS - RIGHTS AND DUTIES - RIGHTS OF MEMBERS
ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - EXERCISE OF POWERS OF EXPULSION - RIGHT OF PARTY AFFECTED TO BE HEARD
ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - EXERCISE OF POWERS OF EXPULSION - NECESSITY FOR NOTICE OF PROCEEDINGS
ASSOCIATIONS AND CLUBS - PROCEDURE IN ACTIONS BY AND AGAINST - GENERALLY

NADEBAUM v POLICE [2019] SASC 102 Supreme Court 25/06/2019

​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 - MENTAL DISORDER
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS

CHESHIRE & ANOR v JENNINGS & ANOR [2019] SADC 79 District Court 20/06/2019

​CONTRACTS - PARTICULAR PARTIES - VENDOR AND PURCHASER - DISCLOSURE OF MATERIAL FACTS
CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - PURCHASER'S REMEDIES - BREACH OF VENDOR'S STATUTORY DISCLOSURE OBLIGATION OR STATUTORY WARRANTY

KERIN v ATTORNEY-GENERAL (SA) [2019] SASC 103 Supreme Court 24/06/2019

​CHARITIES - CHARITABLE GIFTS AND TRUSTS - WHEN APPLIED CY-PRES - GENERALLY - STATUTORY PROVISIONS
CHARITIES - CHARITABLE GIFTS AND TRUSTS - WHEN APPLIED CY-PRES
EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT ON ORIGINATING PROCESS

O'MALLEY & STATE OF SOUTH AUSTRALIA v SINGH (No 2) [2019] SASC 89 Supreme Court 3/06/2019

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES

ATTORNEY-GENERAL (SA) v LAUGHLIN [2019] SASC 105 Supreme Court 7/06/2019

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

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v MACKS (No 3) [2019] SASC 104 Supreme Court 18/06/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COMMENCING PROCEEDINGS
PROCEDURE - JUDGMENTS AND ORDERS
CORPORATIONS - WINDING UP - LIQUIDATORS