Mauceri v Deputy State Coroner MacMahon and ors. [2017] NSWSC 545

Supreme Court New South Wales

Medium Neutral Citation: Mauceri v Deputy State Coroner MacMahon and ors. [2017] NSWSC 545 Hearing dates: 20 April 2017 Date of orders: 10 May 2017 Decision date: 10 May 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed.

(2) In the absence of agreement, the parties are to provide to my Associate written submissions as to costs by 5.00pm on 17 May 2017, such submissions not to exceed two pages in length in each case. Catchwords: CORONERS – Application for an order quashing coronial inquest into death and ordering fresh inquest - Where juvenile killed whilst riding bicycle – Where Coroner found that police were not in pursuit – Whether finding open – Whether Coroner correctly interpreted provisions of relevant policy – Whether Coroner's inquiry sufficient Legislation Cited: Coroners Act 2009 (NSW) Cases Cited: Burrell v R (2008) 238 CLR 218; [2008] HCA 34 Cecil v Attorney-General of NSW and anor [2012] NSWSC 1186 Collector of Customs v Pozzolanic Enterprises Pty Limited (1993) 43 FCR 280 Country Energy v Deputy State Coroner Paul MacMahon and anor [2010] NSWSC 943 Ex Parte Minister of Justice; re Malcolm; re Inglis [1965] NSWR 1598 Director-General Department of Community Services v Crombie [1998] NSWSC (unreported) 19 August 1998 Herron v Attorney-General of NSW (1987) 8 NSWLR 601 Veitch v The State Coroner [2008] WASC 187 Category: Principal judgment Parties: Jo-Anna Mauceri – Plaintiff Deputy State Coroner MacMahon – First defendant Attorney-General of NSW – Second defendant NSW Commissioner of Police – Third defendant Representation: Counsel: J. Brock – Plaintiff S. Beckett – Second defendant D. Hume – Third defendant