HOLLY Jane Chaloner and Kate Ann Chaloner v The Australian Capital Territory

The plaintiffs, Holly Jane Chaloner and Kate Ann Chaloner, brought proceedings against the Australian Capital Territory, alleging violations of human rights and seeking various remedies related to the medical treatment their grandmother received at Canberra Hospital. The case raised questions about the interpretation of the Human Rights Act 2004 (ACT) and the Coroners Act 1997 (ACT), as well as the jurisdiction of the court to order the appointment of a board of inquiry under the Inquiries Act 1991 (ACT) and to make a mandatory injunction under the Court Procedures Act 2004 (ACT).

The court was required to determine whether the Australian Capital Territory could be held responsible for the actions of Canberra Hospital under the Human Rights Act 2004 (ACT) and whether the plaintiffs, as the granddaughters of the deceased, were themselves victims for the purposes of the Act. The court also needed to decide whether it had the authority to order a coroner to conduct a hearing into the deceased's death under the Coroners Act 1997 (ACT) and whether it could compel the appointment of a board of inquiry or make a mandatory injunction in relation to the exercise of statutory discretions.

The court found that the Australian Capital Territory was not vicariously liable for the actions of Canberra Hospital, as it was not the legal entity responsible for the hospital. The court also determined that the plaintiffs, as the deceased's granddaughters, were not themselves victims under the Human Rights Act 2004 (ACT). Regarding the coroner's hearing, the court held that it could not order such a hearing where there was no evidence that negligence caused the deceased's death. The court further ruled that it did not have the jurisdiction to order the appointment of a board of inquiry or to make a mandatory injunction directing the exercise of statutory discretions.

The application and proceeding were dismissed with costs. The court found no grounds for the plaintiffs' claims and denied all requested remedies.