SOUTH AUSTRALIAN STATE REPORTS
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1 JUNE 2013 The Authorised Reports of Decisions of the Supreme Court of South Australia THE SOUTH AUSTRALIAN STATE REPORTS EDITOR KELVYN PRESCOTT DCJ REPORTERS IN THIS PART ENZO BELPERIO ALEXIS HENRY-COMLEY KATE HIGGINS CHAD JACOBI THOMAS McFARLANE HANNAH MILLARD LEESAH RANDALL ZOE THOMAS VOL 115 PART 3 PAGES
2 The mode of citation of this part will be: 115 SASR TABLE OF CASES REPORTED Part 3 Pages Ancient Order of Foresters in Victoria Friendly Society Ltd; Lifeplan Australia Friendly Society Pty Ltd v Chalmers; R v Collie v Police D; W v Dudley, In Estate of FBV v Magistrates Court of South Australia Gibbs, In the Estate of GJJ v Police Glastonbury; R v GR v Police GRE Pty Ltd; WST Pty Ltd v Halling; Stubing v... 1 Hone v Police Industrial Relations Commissioner of South Australia and Chief Executive, Department of Premier and Cabinet; Public Service Association of South Australia Inc v Kong; R v Lifeplan Australia Friendly Society Pty Ltd v Ancient Order of Foresters in Victoria Friendly Society Ltd Lunt v Police Magistrates Court of South Australia; FBV v Mineral Resources and Energy, Minister for; Ocsalt Pty Ltd v Moore v Police Motor Vehicles, Registrar of v Vu Ocsalt Pty Ltd v Minister for Mineral Resources and Energy Police; Collie v Police; GJJ v (Cases in bold reported in this part) ISSN
3 TABLE OF CASES REPORTED Police; GR v Police; Hone v Police; Lunt v Police; Moore v Police; Strauss v Relations Commissioner of South Australia and Chief Executive, Department of Premier and Cabinet R v Chalmers R v Glastonbury R v Kong R v Scott R v Thompson R v Uduma R v Zainudin Rocky Castle Finance Pty Ltd; Taylor v Scott; R v Strauss v Police Stubing v Halling... 1 Taylor v Rocky Castle Finance Pty Ltd Thompson; R v Uduma; R v Vu; Registrar of Motor Vehicles v W v D WST Pty Ltd v GRE Pty Ltd Zainudin; R v (Cases in bold reported in this part)
4 Part 3 Pages ADMINISTRATIVE LAW Judicial review Grounds of review Error of law. Judicial review Grounds of review Jurisdictional matters. Prerogative writs and orders Mandamus Discretion of court and matters precluding relief Futility. Prerogative writs and orders Mandamus Generally. BANKING AND FINANCE Instruments Promissory notes Rights and duties of holder. Taylor v Rocky Castle Finance Pty Ltd; Gillen v Rocky Castle Finance Pty Ltd CONTRACTS General contractual principles Construction and interpretation of contracts Factual matrix informed by related contracts. Taylor v Rocky Castle Finance Pty Ltd; Gillen v Rocky Castle Finance Pty Ltd CRIMINAL LAW Appeal against conviction Causing serious bodily harm by dangerous driving Expert evidence Evidence given about average reaction times Whether expert testimony outside police officers experience or expertise. R v Uduma Appeal and new trial Appeal against conviction recorded on guilty plea Particular cases Mental competency. Appeal and new trial Appeal against sentence Appeals by Crown Exercise of discretion Double jeopardy. R v Kong
5 CRIMINAL LAW continued Appeal and new trial Appeal against sentence Appeals by Crown Principles applied by appellate court to Crown appeals. R v Kong Appeal and new trial Appeal against sentence Duplicity. Appeal and new trial Appeal against sentence Grounds for interference Other matters. Moore v Police Appeal and new trial Miscarriage of justice Failing to make investigations pursuant to s 269J(1) of the Criminal Law Consolidation Act 1935 (SA). General matters Criminal liability and capacity Defence matters Self defence and other forms of defence. Hone v Police Particular offences Driving offences Dangerous driving generally. Moore v Police Particular offences Driving offences Sentence Other offences. Moore v Police Particular offences Drug offences Sentence Trafficking, trading, selling, supplying or distributing Generally. R v Kong Particular offences Offences againist the person Assault. Hone v Police Procedure Fitness to plead or be tried Discretion of the court. ENERGY AND RESOURCES Minerals Mining for minerals Title: rights, permits, licences and leases, etc Extraction titles Other matters. INDUSTRIAL LAW South Australia Industrial instruments Enterprise or industrial agreements. South Australia Industrial Relations Commission Jurisdiction.
6 MAGISTRATES Appeal and review South Australia Appeal to Supreme Court. Hone v Police Appeal and review South Australia Appeal to the Supreme Court. MONEY Payment Payment by bill, note or cheque Obligation under loan deed to advance a sum of money not discharged by issuing promissory note that is immediately indorsed in favour of promisor. Taylor v Rocky Castle Finance Pty Ltd; Gillen v Rocky Castle Finance Pty Ltd STATUTES Acts of Parliament Interpretation Acts and clauses Particular Acts and ordinances South Australia Mining Act 1971 (SA). Acts of Parliament Interpretation Acts and clauses Particular Acts and ordinances South Australia Motor Vehicles Act 1959 (SA), s 139BD Acts Interpretation Act 1915 (SA), s 27(3). Acts of Parliament Interpretation General approaches to interpretation Obligatory and discretionary provisions General principles. Acts of Parliament Statutory powers and duties Time for exercise All convenient speed Whether failure to act with all convenient speed capable of resulting in invalidity. SUCCESSION Probate and letters of administration Grant of probate and letters of administration To whom probate granted Substituted service Passing over of executor Enduring power of attorney Application for grants of probate by executors attorney. In the Estate of Keith Dudley (Deceased) TRAFFIC LAW Licensing of drivers South Australia Disqualification, cancellation or suspension of licences.
7 WORDS AND PHRASES With all convenient speed.
THE NORTHERN TERRITORY LAW REPORTS
MARCH 2012 The Authorised Reports of the Supreme Court of the Northern Territory of Australia THE NORTHERN TERRITORY LAW REPORTS 2011 EDITOR CAMERON FORD VOL 30 PART 3 PAGES 145-222 PUBLISHED FOR THE NORTHERN
THE NORTHERN TERRITORY LAW REPORTS
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