Hewit v NSW State Coroner [2019] NSWSC 1724

Hewit v NSW State Coroner [2019] NSWSC 1724

There was no reputable evidence to challenge the certified cause of death or to suggest the death was 'unknown', 'suspicious', 'unusual', or 'unnatural'. No error of law was shown in the Coroner's refusal to hold an inquest and the interests of justice did not support ordering an inquest.

Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Declaratory Relief and Orders in Relation to Coronial Jurisdiction / Final Judgment
Outcome
Further amended summons dismissed; relief refused.
Legal Topics
['reportable Death' 'coroner Jurisdiction' 'interests of Justice' 'declaratory Relief' 'error of Law']
['administrative Law' 'coronial Law'] ['reportable Death' 'coroner Jurisdiction' 'interests of Justice' 'declaratory Relief' 'error of Law']

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Procedural Posture

Declaratory Relief and Orders in Relation to Coronial Jurisdiction / Final Judgment

Legal Issues

  1. 1 ["Whether Ms Hewit's death was a 'reportable death' under s 6(1)(b) or s 6(1)(c) of the Coroners Act 2009 (NSW)" 'Whether the Coroner had jurisdiction under s 21 of the Coroners Act to hold an inquest' 'Whether the Supreme Court should order an inquest under s 84 of the Coroners Act' "Whether there was an error of law in the Coroner's decision"]

Ratio Decidendi

There was no reputable evidence to challenge the certified cause of death or to suggest the death was 'unknown', 'suspicious', 'unusual', or 'unnatural'. No error of law was shown in the Coroner's refusal to hold an inquest and the interests of justice did not support ordering an inquest.

Court Disposition

Further amended summons dismissed; relief refused.

Orders

  • ['The further amended summons is dismissed.']