Rich v Attorney General of New South Wales & Ors [2013] NSWCA 419

Rich v Attorney General of New South Wales & Ors [2013] NSWCA 419

No judicially reviewable error was shown in the Coroner's decision to require the appellant to give evidence, as the Coroner considered all relevant factors, satisfied the statutory precondition of the interests of justice, and properly weighed the risks to the appellant against the public interest in full disclosure in the coronial inquiry.

Parties
Appellant: Senior Constable Andrew Rich; First Respondent: Attorney General of New South Wales; Second Respondent: New South Wales State Coroner; Third Respondent: Jeremy Holcombe
Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Judicial Review; Appeal / Court of Appeal Judgment on Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
Privilege Against Self Incrimination, Judicial Review of Coronial Decisions, Immunity Certificates, Interests of Justice Test, Civil Penalty Privilege
Administrative Law Coronial Law Statutory Interpretation Privilege Against Self Incrimination Judicial Review of Coronial Decisions Immunity Certificates Interests of Justice Test Civil Penalty Privilege

Case Brief

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Parties

Senior Constable Andrew Rich

Appellant

Attorney General of New South Wales

First Respondent

New South Wales State Coroner

Second Respondent

Jeremy Holcombe

Third Respondent

Procedural Posture

Judicial Review; Appeal / Court of Appeal Judgment on Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the Coroner erred in requiring Senior Constable Rich to give evidence over his objection based on privilege against self-incrimination and potential civil penalty
  2. 2 Whether the Coroner failed to consider mandatory relevant considerations in assessing the interests of justice
  3. 3 Whether the immunity under s 61(7) of the Coroners Act 2009 would protect the appellant in respect of disciplinary and civil proceedings

Ratio Decidendi

No judicially reviewable error was shown in the Coroner's decision to require the appellant to give evidence, as the Coroner considered all relevant factors, satisfied the statutory precondition of the interests of justice, and properly weighed the risks to the appellant against the public interest in full disclosure in the coronial inquiry.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • Leave to appeal granted.
  • The draft notice of appeal stand as the notice of appeal in the proceedings.