PORTER v WALLER [1989] NSWCA 168

PORTER v WALLER [1989] NSWCA 168

There was insufficient evidence to show a real risk of grave injustice requiring the discharge or prohibition of the inquest or the imposition of suppression orders; the Coroner has powers to make orders to protect the appellant's position if necessary; thus, the appeal regarding suppression orders fails.

Parties
Appellant: John Albert Porter; Respondent: Mr Waller (Coroner)
Jurisdiction
Australia
Judgment Date
13 July 1989
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs except that certain suppression orders are discharged.
Legal Topics
Fair Trial, Suppression Order, Media Publicity, Coroner's Inquest, Court's Supervisory Jurisdiction
Criminal Law Coronial Law Procedural Law Fair Trial Suppression Order Media Publicity Coroner's Inquest Court's Supervisory Jurisdiction

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

John Albert Porter

Appellant

Mr Waller (Coroner)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Supreme Court should prohibit or restrict the conduct of a coronial inquest where there is apprehended prejudice to a pending murder trial
  2. 2 Whether suppression orders preventing publication of the appellant's identity or information about the case are warranted

Ratio Decidendi

There was insufficient evidence to show a real risk of grave injustice requiring the discharge or prohibition of the inquest or the imposition of suppression orders; the Coroner has powers to make orders to protect the appellant's position if necessary; thus, the appeal regarding suppression orders fails.

Court Disposition

Appeal dismissed with costs except that certain suppression orders are discharged.

Orders

  • Orders (3), (4), and (5) made by Smart J are discharged.
  • Otherwise, the appeal is dismissed with costs.