Rich v Attorney General of New South Wales & Ors [2013] NSWSC 877

Supreme Court New South Wales

Medium Neutral Citation: Rich v Attorney General of New South Wales & Ors [2013] NSWSC 877 Hearing dates: 19 June 2013 Decision date: 03 July 2013 Jurisdiction: Common Law - Administrative Law Before: Barr AJ Decision: 1.Summons Dismissed Catchwords: CORONER'S COURT - death occurring in course of police operations - police officer witness - privilege - exposure to penalty imposed other than by a court - objection to giving evidence - direction to give evidence - whether discretion miscarried Legislation Cited: Coroners Act 2009 Mental Health Act 2007 New South Wales Crime Commission Act 1985 Law Reform (Vicarious Liability) Act 1983 Police Regulations 2008 Cases Cited: Attorney General of New South Wales v Borland [2007] NSWCA 201 Ballantyne v Workcover Authority of New South Wales (2007) 5 DDCR 97; [2007] NSWCA 239 House v The King (1936) 55 CLR 499 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 4 Minister for Immigration and Multicultural Affairs v Yusuf [2005] HCA 30; (2001) 206 CLR 323 SD v New South Wales Crime Commission [2013] NSWCA 48 Category: Principal judgment Parties: Andrew Rich (Plaintiff) Attorney General of NSW (First Defendant) New South Wales State Coroner (Second Defendant) Jeremy Holcombe (Third Defendant) Representation: Counsel: M Thangaraj SC, B Haverfield (Plaintiff) N J Adams SC, B Baker (First Defendant) J Sheller, T Phillips (Third Defendant) Solicitors: Walter Madden Jenkins Solicitors (Plaintiff) Crown Solicitor's Office (First and Second Defendant) Sweeney Tiggemann Solicitors (Third Defendant) File Number(s): 2013/109209 Decision under appeal Date of Decision: 2013-04-05 00:00:00 Before: Magistrate M Jerram