Conway v Jerram, Magistrate and NSW State Coroner [2011] NSWCA 319

Conway v Jerram, Magistrate and NSW State Coroner [2011] NSWCA 319

Leave to appeal was refused because there was no realistic prospect of showing that Barr AJ committed an appellable House v The King error in deciding that an inquest was not necessary or desirable in the interests of justice. The proposed inquiry into events preceding M's entry into the vehicle, including DOCS involvement and other background matters, was open to be treated as too remote from the manner and cause of death, which were sufficiently explained by the police and pathology material. The refusal to order an inquest was discretionary and interlocutory, and no general issue justified leave.

Jurisdiction
Australia
Judgment Date
28 September 2011
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Extension of Time and Leave to Appeal From Refusal to Order an Inquest
Outcome
Time for filing the application for leave to appeal was extended, but the application for leave to appeal was dismissed.
Legal Topics
['inquest Into Death' 'jurisdiction of Coroners' 'interests of Justice' 'leave to Appeal' 'interlocutory Decision' 'appellate Review of Discretion']
['coroners' 'appeals' 'administrative Law'] ['inquest Into Death' 'jurisdiction of Coroners' 'interests of Justice' 'leave to Appeal' 'interlocutory Decision' 'appellate Review of Discretion']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Extension of Time and Leave to Appeal From Refusal to Order an Inquest

Legal Issues

  1. 1 ['Whether time for filing the application for leave to appeal should be extended.' "Whether leave to appeal should be granted from the Supreme Court's refusal to order an inquest into M's death." "Whether the events preceding M's death, including dealings with DOCS and M's circumstances before entering the vehicle, were sufficiently connected with the manner and cause of death to make an inquest necessary or desirable in the interests of justice." 'Whether Barr AJ made an appellable error in exercising the discretion under s 84(1) of the Coroners Act 2009.' 'Whether the refusal to order an inquest was interlocutory and required leave to appeal.']

Ratio Decidendi

Leave to appeal was refused because there was no realistic prospect of showing that Barr AJ committed an appellable House v The King error in deciding that an inquest was not necessary or desirable in the interests of justice. The proposed inquiry into events preceding M's entry into the vehicle, including DOCS involvement and other background matters, was open to be treated as too remote from the manner and cause of death, which were sufficiently explained by the police and pathology material. The refusal to order an inquest was discretionary and interlocutory, and no general issue justified leave.

Court Disposition

Time for filing the application for leave to appeal was extended, but the application for leave to appeal was dismissed.

Orders

  • ['Time for filing application for leave to appeal extended to 14 June 2011.' 'Application for leave to appeal dismissed.']