DECKER v STATE CORONER OF NSW & ANOR [1999] NSWSC 369

DECKER v STATE CORONER OF NSW & ANOR [1999] NSWSC 369

The Evidence Act 1995 does not apply to the Coroner's Court of NSW because the Coroner's Court is not a court created by Parliament within the meaning of 'NSW Court' in the Act, and the coroner is not bound to apply the laws of evidence. Section 33 of the Coroners Act 1980 expressly excludes the application of evidentiary rules and is preserved by s 8 of the Evidence Act. Therefore, the coroner cannot grant a certificate of immunity under s 128 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
22 April 1999
Procedural Posture
Originating Motion for Declaratory Relief / Judgment
Outcome
Declarations sought are refused.
Legal Topics
["application of Evidence Act 1995 to Coroner's Court" 'privilege Against Self Incrimination' 'certificate of Immunity' 'statutory Interpretation']
['administrative Law' 'evidence Law'] ["application of Evidence Act 1995 to Coroner's Court" 'privilege Against Self Incrimination' 'certificate of Immunity' 'statutory Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Originating Motion for Declaratory Relief / Judgment

Legal Issues

  1. 1 ["Does the Evidence Act 1995 apply to proceedings in the Coroner's Court of NSW?" 'Can a Coroner grant a certificate of immunity under s 128 of the Evidence Act 1995?' "Was the exercise of the Coroner's discretion in declining a certificate correct?"]

Ratio Decidendi

The Evidence Act 1995 does not apply to the Coroner's Court of NSW because the Coroner's Court is not a court created by Parliament within the meaning of 'NSW Court' in the Act, and the coroner is not bound to apply the laws of evidence. Section 33 of the Coroners Act 1980 expressly excludes the application of evidentiary rules and is preserved by s 8 of the Evidence Act. Therefore, the coroner cannot grant a certificate of immunity under s 128 of the Evidence Act 1995.

Court Disposition

Declarations sought are refused.

Orders

  • ['Declarations sought are refused.' 'No order as to costs with liberty to apply.']