Merrick v Milledge [2002] NSWSC 305

Merrick v Milledge [2002] NSWSC 305

Although a post mortem might determine which of several possible natural causes caused Mrs Merrick's death, there was no suggestion of foul play or suicide and the balance in the peculiar circumstances favoured observing the wishes of the deceased and the plaintiff. The Court was therefore satisfied under s 48A(8) that it was desirable that no post mortem examination be performed.

Jurisdiction
Australia
Judgment Date
05 April 2002
Procedural Posture
Application Under S 48 A(6) of the Coroners Act 1980 for an Order That No Post Mortem Examination Be Performed / Determination of the Plaintiff's Summons After the Senior Deputy State Coroner Directed That a Post Mortem Examination Be Performed
Outcome
Order made that no post mortem examination be performed.
Legal Topics
['post Mortem Examination' 'objection by Senior Next of Kin' 'coronial Inquest' 'cause and Manner of Death' 'wishes of Deceased and Family']
['coroners Law'] ['post Mortem Examination' 'objection by Senior Next of Kin' 'coronial Inquest' 'cause and Manner of Death' 'wishes of Deceased and Family']

Case Brief

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Procedural Posture

Application Under S 48 A(6) of the Coroners Act 1980 for an Order That No Post Mortem Examination Be Performed / Determination of the Plaintiff's Summons After the Senior Deputy State Coroner Directed That a Post Mortem Examination Be Performed

Legal Issues

  1. 1 ["Whether it was desirable in the circumstances to order that no post mortem examination be performed despite the Coroner's jurisdiction over the death" 'How to balance the investigation of an unknown sudden death against the wishes of the deceased and the plaintiff that the body not be subjected to a post mortem examination']

Ratio Decidendi

Although a post mortem might determine which of several possible natural causes caused Mrs Merrick's death, there was no suggestion of foul play or suicide and the balance in the peculiar circumstances favoured observing the wishes of the deceased and the plaintiff. The Court was therefore satisfied under s 48A(8) that it was desirable that no post mortem examination be performed.

Court Disposition

Order made that no post mortem examination be performed.

Orders

  • ['Order set out in paragraph 1 of the summons that no post mortem examination be performed.']