Inquest into the death of Josephine Nellie Florence SPAIN [2010] NSWLC 14

Parties

Procedural Posture

Coronial Inquest / Application for Certificate Under S.61(6) Coroners Act 2009

Legal Issues

1. 1 Whether a certificate under s.61(6) Coroners Act 2009 can be issued retrospectively in the absence of an objection at the time evidence was given
2. 2 Whether an objection is required to trigger s.61 Coroners Act 2009

Ratio Decidendi

Section 61 of the Coroners Act 2009 cannot operate retrospectively; a certificate cannot be granted unless objection is made at the time the evidence is sought or given. No objection was made by Ms. Bryant or on her behalf contemporaneously, so the application for a certificate must be refused.

Court Disposition

Application for certificate under s.61 refused

Orders

• Application for certificate pursuant to s.61 of the Coroners Act for Ms. Bryant is refused