“Officer A”, a pseudonym v State Coroner of New South Wales [2024] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: "Officer A", a pseudonym v State Coroner of New South Wales [2024] NSWSC 1531 Hearing dates: 29 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Declare that the State Coroner has power to exercise jurisdiction in relation to the application filed by the applicant on 2 October 2024 in the Coroner's Court. (2) An order in the nature of a writ of mandamus that the State Coroner exercise jurisdiction in relation to the application filed by the applicant on 2 October 2024 in the Coroner's Court. (3) Grant liberty to the plaintiff to restore the matter on short notice. (4) No order as to costs such that each party is to pay his or its own costs. Catchwords: ADMINISTRATIVE LAW – Where plaintiff the subject of a pseudonym order made by the State Coroner during coronial inquest into the deaths arising from the Lindt café siege – Where plaintiff has applied to the Coroner's Court for an order discharging the pseudonym order and where the State Coroner considers that she does not have power to do so – Where plaintiff seeks to challenge that holding – Jurisdictional error in failing to exercise jurisdiction established – Order in the nature of a writ of mandamus that the State Coroner exercise jurisdiction issued Legislation Cited: Coroners Act 2009 (NSW) Interpretation Act 1987 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Australian Broadcasting Corporation v Local Court of NSW [2014] NSWSC 239 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 Fairfax Publications Pty Ltd v Abernethy [1999] NSWSC 820 John Fairfax Publications Pty Ltd v District Court of New South Wales (2004) 61 NSWLR 344; [2004] NSWCA 324 John Fairfax & Sons Ltd v Police Tribunal (NSW) (1986) 5 NSWLR 465 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 Rinehart v Welker [2011] NSWCA 403 Category: Principal judgment Parties: "Officer A", a pseudonym (Plaintiff) State Coroner of New South Wales (Defendant) Attorney General of NSW (as amicus curiae) Representation: Counsel: M Lewis SC / A Poukchanski (Plaintiff) D Kell SC / C Raad (Attorney General of NSW) R Lee (NSW Commissioner of Police)