Musumeci v Attorney General of NSW & Anor [2002] NSWSC 425

Musumeci v Attorney General of NSW & Anor [2002] NSWSC 425

The rules of procedural fairness do not require the coroner to disclose all material relating to the plaintiff at the current stage of the inquest; the coroner acted within the law in withholding the material until such time as disclosure is mandated by s 19 of the Coroners Act.

Jurisdiction
Australia
Judgment Date
17 May 2002
Procedural Posture
Application for Judicial Review/declaratory Relief / Judgment on Application
Outcome
Plaintiff's summons dismissed
Legal Topics
['procedural Fairness' 'disclosure of Evidence' 'inquests']
['administrative Law' 'coronial Law'] ['procedural Fairness' 'disclosure of Evidence' 'inquests']

Case Brief

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Procedural Posture

Application for Judicial Review/declaratory Relief / Judgment on Application

Legal Issues

  1. 1 ['Whether the coroner erred in law by refusing to provide the plaintiff access to all material relating to him held by the coroner and/or the sergeant assisting the coroner.' 'When the rules of procedural fairness require disclosure of material to a person granted leave to appear in a coronial inquest.']

Ratio Decidendi

The rules of procedural fairness do not require the coroner to disclose all material relating to the plaintiff at the current stage of the inquest; the coroner acted within the law in withholding the material until such time as disclosure is mandated by s 19 of the Coroners Act.

Court Disposition

Plaintiff's summons dismissed

Orders

  • ['Plaintiff’s summons is dismissed.' 'The Court will hear the parties on costs if necessary.']