Atkins v Attorney General of New South Wales [2016] NSWSC 1412

Supreme Court New South Wales

Medium Neutral Citation: Atkins v Attorney General of New South Wales [2016] NSWSC 1412 Hearing dates: 5 September 2016 Decision date: 12 October 2016 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings dismissed Catchwords: ADMINISTRATIVE LAW – application for judicial review of decisions of the State Coroner and a Deputy State Coroner – factual issue as to the existence of the decision of the State Coroner of which review is sought – whether State Coroner directed that an inquest be held – whether decision entailed jurisdictional error – whether Deputy State Coroner misapprehended authority to require a person to give evidence

CORONIAL LAW – where coronial inquest suspended after plaintiff charged with murder in respect of the death with which the inquest was concerned – power to hold inquest after plaintiff acquitted of murder and manslaughter – whether State Coroner directed a coroner to hold the inquest – whether direction entailed jurisdictional error – whether coroner had jurisdiction to require the plaintiff to give evidence – whether coroner authorised to determine manner and cause of death in circumstance where the only person of interest in the investigation of the death had been acquitted of the murder of the deceased Legislation Cited: Coroners Act 1980 (NSW), s 19(1A) Coroners Act 2009 (NSW), ss 3, 6, 7, 10, 12, 13, 21, 22, 27, 29, 51, 55, 56, 65, 78, 79 Crimes (Appeal and Review) Act 2001 (NSW), ss 100, 109 Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2006 (NSW) Cases Cited: Coco v The Queen (2014) 253 CLR 455; [2014] HCA 20 Category: Principal judgment Parties: Michael Atkins (plaintiff) Attorney General of New South Wales (first defendant) State Coroner of New South Wales (second defendant) E Truscott LCM (third defendant) Representation: Counsel: A Francis with C Wasley (plaintiff) D Kell SC with F Fernandez (defendants)