Nash v State Coroner of New South Wales [2025] NSWSC 93

Nash v State Coroner of New South Wales [2025] NSWSC 93

Given the absence of a post-mortem, possible lack of sufficient inquiry and expert evidence suggesting alternative causes of death could not be excluded, there is a real possibility that the Coroner’s finding of suicide was erroneous. It is in the interests of justice to quash the 1935 inquest and its finding, and order a new inquest.

Parties
Plaintiff: Peter Bernard Nash; First Defendant: State Coroner of New South Wales; Second Defendant: Attorney General of New South Wales
Jurisdiction
Australia
Judgment Date
27 February 2025
Procedural Posture
Application to Quash Coronial Inquest and Order Fresh Inquest / Principal Judgment
Outcome
Application allowed
Legal Topics
Quashing of Coronial Inquest, Fresh Inquest, Interests of Justice, Presumption Against Suicide, Irregularity of Proceedings, Discovery of New Evidence
Coronial Law Quashing of Coronial Inquest Fresh Inquest Interests of Justice Presumption Against Suicide Irregularity of Proceedings Discovery of New Evidence

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Parties

Peter Bernard Nash

Plaintiff

State Coroner of New South Wales

First Defendant

Attorney General of New South Wales

Second Defendant

Procedural Posture

Application to Quash Coronial Inquest and Order Fresh Inquest / Principal Judgment

Legal Issues

  1. 1 Whether it is necessary or desirable in the interests of justice to quash the 1935 coronial inquest into the death of Leslie Andrew Nash and order a new inquest
  2. 2 Whether there was an irregularity or insufficiency of inquiry at the coronial inquest
  3. 3 Whether discovery of new evidence justifies setting aside the finding of suicide

Ratio Decidendi

Given the absence of a post-mortem, possible lack of sufficient inquiry and expert evidence suggesting alternative causes of death could not be excluded, there is a real possibility that the Coroner’s finding of suicide was erroneous. It is in the interests of justice to quash the 1935 inquest and its finding, and order a new inquest.

Court Disposition

Application allowed

Orders

  • The coronial inquest held on 29 April 1935 into the death of Mr Leslie Andrew Nash is quashed.
  • The finding made by the Coroner in the coronial inquest in relation to Mr Leslie Andrew Nash's death is quashed.