Country Energy v Deputy State Coroner Paul MacMahon and Anor [2010] NSWSC 943

New South Wales Supreme Court

CITATION : Country Energy v Deputy State Coroner Paul MacMahon and Anor [2010] NSWSC 943 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 9 August 2010, 10 August 2010

JUDGMENT DATE : 26 August 2010

JUDGMENT OF : Schmidt J

1. The inquest touching the death of Christopher Alan Howlett is quashed. DECISION : 2. The finding reached in the inquest in relation to the cause of Mr Howlett's death is quashed. 3. A fresh inquest into Mr Howlett's death be held. 4. Liberty to approach in relation to costs.

CATCHWORDS : MAGISTRATES - Coroners - inquests and inquiries generally - whether interests of justice require a new inquest - whether Coroner's finding rested on unreliable expert evidence - whether Coroner failed to consider competing expert evidence - whether Coroner failed to consider whether expert opinions were persuasive, in the light of other relevant evidence - no reliable basis for Coroner's finding - whether new evidence showed a real possibility that the original finding as to cause of death was erroneous - effect of Coroner's finding - Occupational Health and Safety Act 2000 - public interest in the cause of death outweighs the public interest in the finality of coronial proceedings - new inquest ordered - costs - STATUTES - acts of parliament - operation and effect of statutes - construction of section 85 of the Coroners Act 2009 - wide discretion - competing public interest considerations - section requires satisfaction that there is a real possibility that original finding as to cause and manner of death was erroneous - section 85(e) - meaning of discovery of new evidence - evidence which might have made a material difference to finding reached