Country Energy v Deputy State Coroner Paul MacMahon and Anor [2010] NSWSC 943

Country Energy v Deputy State Coroner Paul MacMahon and Anor [2010] NSWSC 943

The Coroner’s conclusion that death was caused by electrocution rested on unreliable expert evidence, failed to give proper consideration to competing expert opinions and material facts, and was not supported to the standard required. New expert and forensic evidence discovered after the inquest was relevant and admissible, and shows there is a real possibility the original finding was erroneous. The interests of justice outweigh the principle of finality, requiring a fresh inquest.

Jurisdiction
Australia
Judgment Date
26 August 2010
Procedural Posture
Application Under Section 85 Coroners Act 2009 / Judgment on Application for Fresh Inquest
Outcome
Application allowed; inquest and finding quashed; fresh inquest ordered.
Legal Topics
['coroners – Quashing Inquest' 'new Inquest – New Evidence' 'expert Evidence – Reliability' 'interests of Justice – Discretionary Orders']
['administrative Law' 'coronial Law'] ['coroners – Quashing Inquest' 'new Inquest – New Evidence' 'expert Evidence – Reliability' 'interests of Justice – Discretionary Orders']

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Procedural Posture

Application Under Section 85 Coroners Act 2009 / Judgment on Application for Fresh Inquest

Legal Issues

  1. 1 ['Whether the interests of justice require a fresh inquest under s 85 of the Coroners Act 2009;' 'Whether the Coroner’s findings rested on unreliable expert evidence;' 'Whether the Coroner failed to consider competing expert evidence or whether expert opinions were persuasive in light of other relevant evidence;' 'Whether new evidence shows a real possibility that the original finding as to cause of death was erroneous;']

Ratio Decidendi

The Coroner’s conclusion that death was caused by electrocution rested on unreliable expert evidence, failed to give proper consideration to competing expert opinions and material facts, and was not supported to the standard required. New expert and forensic evidence discovered after the inquest was relevant and admissible, and shows there is a real possibility the original finding was erroneous. The interests of justice outweigh the principle of finality, requiring a fresh inquest.

Court Disposition

Application allowed; inquest and finding quashed; fresh inquest ordered.

Orders

  • ['The inquest touching the death of Christopher Alan Howlett is quashed.' "The finding reached in the inquest in relation to the cause of Mr Howlett's death is quashed." "A fresh inquest into Mr Howlett's death be held." 'Liberty to approach in relation to costs.']