Conway v Jerram, Magistrate and NSW State Coroner [2011] NSWCA 319

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Conway v Jerram, Magistrate and NSW State Coroner [2011] NSWCA 319 Hearing dates: 28 September 2011 Decision date: 28 September 2011 Before: Campbell JA at [1], [52] Young JA at [47] Decision: (1) Time for filing application for leave to appeal extended to 14 June 2011. (2) Application for leave to appeal dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORONERS - inquest into death - jurisdiction of coroners - application to Supreme Court to require an inquest to be held - whether "manner and cause" of death have not been sufficiently disclosed - relevance of events preceding death to "manner and cause" of death - scope of "the interests of justice"

APPEAL - leave to appeal - interlocutory orders and judgments - refusal to order inquest is interlocutory - did not involve an amount of $100,000 or more

APPEAL - interference with discretion of court below - discretionary decision about what interests of justice require - House v The King standard of appellate review Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Coroners Act 1980 Coroners Act 2009 Supreme Court Act 1970 Cases Cited: Re Doogan; Ex parte Lucas-Smith [2005] ACTSC 74; 193 FLR 239 House v The King (1936) 55 CLR 499 Josephine Conway v Mary Jerram Magistrate of NSW State Coroner [2010] NSWSC 371 X v Deputy State Coroner for New South Wales [2001] NSWSC 46; 51 NSWLR 312 Category: Principal judgment Parties: Josephine Conway (Applicant) Mary Jerram, Magistrate and NSW State Coroner (First Respondent) The Hon. John Hatzistergos, NSW Attorney General (Second Respondent) Representation: K Borick QC (Applicant) D T Kell (Second Respondent) Darryl Quigley Partner Lawyers (Applicant) Crown Solicitor, Submitting Appearance (First Respondent) Legal Services Branch, Department of Justice and Attorney General (Second Respondent) File Number(s): 2009/296133 Publication restriction: Nil Decision under appeal Citation: Josephine Conway v Mary Jerram, Magistrate and NSW State Coroner [2010] NSWSC 371 Date of Decision: 2010-05-03 00:00:00 Before: Barr AJ File Number(s): 2009/296133