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Hurley v Clements

Hurley v Clements

Case [2009] QCA 167 16 June 2009

Judicial Review

Standard of Proof

Reasonableness of Findings

Error of Law

Administrative Law

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SUPREME COURT OF QUEENSLAND

CITATION:

Hurley v Clements & Ors [2009] QCA 167

PARTIES:

CHRISTOPHER JAMES HURLEY
(appellant/first respondent)
v
ACTING STATE CORONER CHRISTINE CLEMENTS
(first respondent/not a party to the appeal)
TRACEY TWADDLE
(second respondent/first appellant)
JANE DOOMADGEE, ELIZABETH DOOMADGEE and VALMAI DOOMADGEE
(third respondents/second appellants)
MICHAEL LEAFE, LLOYD BENGAROO, KRISTOPHER STEADMAN and DARREN ROBINSON
(fourth respondents/not a party to the appeal)
COMMISSIONER OF QUEENSLAND POLICE SERVICE
(fifth respondent/not a party to the appeal)
PALM ISLAND COUNCIL
(sixth respondent/third appellant)
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
(seventh respondent/not a party to the appeal)
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(eighth respondent/second respondent)

FILE NO/S:

Appeal No 494 of 2009
DC No 352 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

16 June 2009

DELIVERED AT:

Brisbane

HEARING DATE:

25 May 2009; 26 May 2009

JUDGES:

McMurdo P, Keane JA and Fraser JA
Judgment of the Court

ORDER:

1.   Appeal allowed

2.   The whole of the finding of the Coroner as to how the deceased died which is excerpted at paragraph [22] of these reasons is set aside

3.   The inquest is to be reopened

4.   The State Coroner is directed to appoint another Coroner, other than the Coroner below, to re-examine the finding set aside

5.   The parties have leave to make written submissions in relation to costs in accordance with paragraph 37A of Practice Direction No 1 of 2005

CATCHWORDS:

MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – INQUESTS AND INQUIRIES GENERALLY – where Coroner made findings that first respondent punched the deceased and that those punches caused the injuries that caused the deceased to die – where undisputed medical evidence provided that "severe compressive force" caused the injuries that caused the deceased to die – where undisputed medical evidence provided that punches by first respondent could not have applied severe compressive force necessary – whether finding that punches by first respondent caused fatal injuries to deceased reasonably open on the evidence

MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – PROCEEDINGS AT INQUEST OR INQUIRY – IN GENERAL – where Coroner made findings as required by s 45 of the Coroners Act 2003 (Qld) – where Coroner to make findings as to what caused a person to die – where Coroner made findings that person's death not caused by a particular agent – whether Coroner permitted to make such findings by the Act

MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – PROCEEDINGS AT INQUEST OR INQUIRY – IN GENERAL – where State Coroner required to issue guidelines under s 14 of the Coroners Act 2003 (Qld) – where guidelines stipulate that Briginshaw standard of proof applies to proceedings – whether Coroner correctly applied standard of proof

MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – POWERS OF SUPERIOR COURT – OTHER MATTERS – where appellant applied to District Court to set aside findings of Coroner – where…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hurley v Clements

Details

AGLC: Hurley v Clements [2009] QCA 167
Case: [2009] QCA 167
Decision Date: 16 June 2009

CaseChat Overview and Summary

The case of Hurley v Clements involved an appeal against the findings of a State Coroner in relation to the death of an individual. The Coroner had concluded that a punch delivered by the first respondent caused the injuries that ultimately led to the deceased's death. The appellant challenged this finding, arguing that the evidence did not support the Coroner's conclusion, particularly in light of medical evidence indicating that the injuries were caused by a "severe compressive force" that the punch could not have produced. The appellant also questioned the Coroner's authority to make findings excluding specific agents as the cause of death and whether the Briginshaw standard of proof was correctly applied.

The legal issues before the court centred on the sufficiency and appropriateness of the evidence supporting the Coroner's findings. The court had to determine whether the Coroner's conclusion that the punch caused the fatal injuries was reasonably open on the evidence. Additionally, the court examined whether the Coroner was permitted to make findings excluding particular causes of death and whether the Briginshaw standard of proof was correctly applied. The court also considered the process by which the District Court judge approached the matter and the appropriate orders to make in light of the Court of Appeal's rehearing function.

The Court of Appeal found that while the District Court judge's decision was correct, the reasoning process was flawed. The Coroner's finding that the punch caused the fatal injuries was not reasonably open on the evidence, particularly given the medical evidence that a "severe compressive force" was necessary to cause the injuries, which could not have been delivered by a punch. The Court of Appeal set aside the Coroner's finding and directed that the inquest be reopened with another Coroner to re-examine the matter. The Court allowed the appeal, set aside the specific finding of the Coroner, and directed that the inquest be reopened and a new Coroner appointed to review the evidence. The parties were granted leave to make written submissions in relation to costs.

Orders

Orders of the court

1. Appeal allowed

2. The whole of the finding of the Coroner as to how the deceased died which is excerpted at paragraph [22] of these reasons is set aside

3. The inquest is to be reopened

4. The State Coroner is directed to appoint another Coroner, other than the Coroner below, to re-examine the finding set aside

5. The parties have leave to make written submissions in relation to costs in accordance with paragraph 37A of Practice Direction No 1 of 2005

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

Hurley v Clements [2009] QCA 167

Most Recent Citation

Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555

Cases citing this decision · 6 of 6 shown

Commissioner of Police, New South Wales Police Force v Attorney General of New South Wales
[2025] NSWSC 1119

…Coroner of NSW (1999) 46 NSWLR 415; [1999] NSWSC 369 Harmsworth v State Coroner [1989] VR 989 Hurley v Clements [2010] 1 Qd R 215; [2009] QCA 167 Keown v Khan [1999] 1 VR 69 Lacey v Attorney-General (Qld) (2011) 242 CLR 573; [2011] HCA 10 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506; [1991] HCA 12 Mirror N…
Anglo Coal (Moranbah North Management) Pty Ltd v Stone (No 2)
[2025] ICQ 15

…ce Office of New South Wales v Rosniak (No 2) [1992] NSWCA 94, cited Hurley v Clements & Ors [2010] 1 Qd R 215; [2009] QCA 167, cited M v The Queen (1994) 181 CLR 487; [1994] HCA 63, followed Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, followed Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12, cited…
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41)
[2023] FCA 555

…f Public Prosecutions [1974] 2 WLR 607 Jackson v Lithgow City Council [2008] NSWCA 312 Jensen v Cultural Infusion (Int) Pty Ltd [2020] FCA 358 John Fairfax Publications Pty Ltd v Blake [2001] NSWCA 434; (2001) 53 NSWLR 541 John Fairfax Publications Pty Ltd v Obeid [2005] NSWCA 60; (2005) 64 NSWLR 485 John Fairfax…
Jones v State Coroner
[2019] QSC 175

…Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 186, applied Hurley v Clements [2010] 1 Qd R 215; [2009] QCA 167, applied Hytch v O’Connell [2018] QSC 75, applied Ivins v James Cook University [2001] QCA 464, cited Johns v Australian Securities Commission (1993) 178 CLR 408, cited Johnson v Holmes (1997) 49 ALD 430…
R v Banhelyi
[2011] QCA 268

…eyewitness evidence, the applicant would have a strong case that he is yet to have a trial according to law if his claim is made out. The Queen v Hau [2009] QCA 167 at paragraph 13 per Justice Keane. It is important that the prosecution's position be made clear.…
Re State Coroner; Ex parte Minister for Health
[2009] WASCA 165 Para 1

…2000] VSC 475; (2000) 2 VR 385 [18] (Balmford J); Domaszewicz v The State Coroner [2004] VSC 528; (2004) 11 VR 237 [81] (Ashley J); Hurley v Clements [2009] QCA 167 [25] (McMurdo P, Keane & Fraser JJA).…

View all 6 citing cases →

Cases cited in this decision · 14 of 14 shown

Burgess v Burgess
[2023] NZHC 1637

…"When, in a civil proceeding, a question arises whether a crime has been committed, the standard of persuasion is, according to the better opinion, the same as upon other civil issues ( Doe d. Devine v. Wilson ((1855) 10 Moo PCC 502, at pp 531, 532; 14 ER 581, at p 592); Boyce v Chapman ((1835) 2 Bi…
Hurley v. Clements & Ors
[2008] QDC 323 Para 1

…n insofar as it concerned the other "findings" which were, by leave, brought within the scope of Mr Hurley's application. [4] Hurley v Clements & Ors [2008] QDC 323 at [89].…
Decker v State Coroner of NSW
[1999] NSWSC 369 Para 1

…e finding in order to discharge his or her obligations under para (b) [of s 19(1)]", ie the Victorian analogue of s 45(2)(b) of the Act.[9] [8][1999] 1 VR 69 at 74 – 75 [13]. [9][1999] 1 VR 69 at 75 [14].…
Annetts v McCann
[1990] HCA 57

…niform Civil Procedure Rules 1999 (Qld), r 766 Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57, cited Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34, cited Hurley v Clements & Ors [2008] QDC 323, considered Inquest into the Death of Mulrunji , unreported, Acting State Coroner Clements, Coroners Cour…
Shepherd v The Queen
[1990] HCA 56

…Queen's Bench Division, 9 July 1982, cited Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56, cited COUNSEL: T A Game SC, with G R Mullins and P Morreau, for the applicants P H Morrison QC, with S W Zillman, for the first respondent P J Davies SC, with J M Horton, for the second respondent SOLICITORS: Boe L…
Williams v Williams
[1985] HCA 52

…"When, in a civil proceeding, a question arises whether a crime has been committed, the standard of persuasion is, according to the better opinion, the same as upon other civil issues ( Doe d. Devine v. Wilson ((1855) 10 Moo PCC 502, at pp 531, 532; 14 ER 581, at p 592); Boyce v Chapman ((1835) 2 Bi…
Briginshaw v Briginshaw
[1938] HCA 36

…e Rules 1999 (Qld), r 766 Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57, cited Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34, cited Hurley v Clements & Ors [2008] QDC 323, considered Inquest into the Death of Mulrunji , unreported, Acting State Coroner Clements, Coroners Court at Townsville, Qld, 27 September 200…
Briginshaw v Briginshaw
[1938] HCA 34

…(1990) 170 CLR 596; [1990] HCA 57, cited Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34, cited Hurley v Clements & Ors [2008] QDC 323, considered Inquest into the Death of Mulrunji , unreported, Acting State Coroner Clements, Coroners Court at Townsville, Qld, 27 September 2006, considered Keown v Khan…
Keown v Khan
[1998] VSC 297

…Townsville, Qld, 27 September 2006, considered Keown v Khan & Anor [1999] 1 VR 69; [1998] VSC 297, considered R v South London Coroner; ex parte Thompson , unreported, Lord Lane CJ, Watkins LJ, and Robert Goff J, Queen's Bench Division, 9 July 1982, cited Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56, c…
14 ER 581
14 ER 581

…persuasion is, according to the better opinion, the same as upon other civil issues ( Doe d. Devine v. Wilson ((1855) 10 Moo PCC 502, at pp 531, 532; 14 ER 581, at p 592); Boyce v Chapman ((1835) 2 Bing NC 222; 132 ER 87); Vaughton v London and North Western Railway Co. ((1874) LR 9 Ex 93); Hurst v Evans ((1…
Hurst v Evans
(1917) 1 KB 352

…81, at p 592); Boyce v Chapman ((1835) 2 Bing NC 222; 132 ER 87); Vaughton v London and North Western Railway Co. ((1874) LR 9 Ex 93); Hurst v Evans ((1917) 1 KB 352); Brown v McGrath ((1920) SALR 97); Motchall v. Massoud ((1926) VLR 273); Nelson v. Mutton ((1934) 8 ALJ 30); Gerder v Evans ((1933) 45 L1 L Rep 308,…
132 ER 87
132 ER 87

…pon other civil issues ( Doe d. Devine v. Wilson ((1855) 10 Moo PCC 502, at pp 531, 532; 14 ER 581, at p 592); Boyce v Chapman ((1835) 2 Bing NC 222; 132 ER 87); Vaughton v London and North Western Railway Co. ((1874) LR 9 Ex 93); Hurst v Evans ((1917) 1 KB 352); Brown v McGrath ((1920) SALR 97); Motchall v.…
161 ER 549
161 ER 549

…'The court representing the law draws that inference which the proximate acts unavoidably lead to' ( Elwes v Elwes ((1796) 1 Hag Con 269, at p 278; 161 ER 549, at p 552). 'It is undoubtedly true that direct evidence of the fact is not required, as it would render the relief of the husband almost impracticable…
161 ER 723
161 ER 723

…eluded, by any combination of parties, to keep without the reach of direct and positive proof' ( Burgess v Burgess ((1817) 2 Hag Con 223, at p 227; 161 ER 723, at p 724)."…

Legislation cited in this decision · 5

Coroners Act 1985 (Vic)
19 2 mentions (from Para 1)
Coroners Act 2003 (SA)
14 2 mentions (from Para 1)
District Court of Queensland Act 1967 (Qld)
118 2 mentions (from Para 1)
Uniform Civil Procedure Rules 1999 (Qld)
766 2 mentions (from Para 1)
Matrimonial Causes Act 1857 (UK)
1 mention

CITATION:	Hurley v Clements & Ors [2009] QCA 167
PARTIES:	CHRISTOPHER JAMES HURLEY (appellant/first respondent) v ACTING STATE CORONER CHRISTINE CLEMENTS (first respondent/not a party to the appeal) TRACEY TWADDLE (second respondent/first appellant) JANE DOOMADGEE, ELIZABETH DOOMADGEE and VALMAI DOOMADGEE (third respondents/second appellants) MICHAEL LEAFE, LLOYD BENGAROO, KRISTOPHER STEADMAN and DARREN ROBINSON (fourth respondents/not a party to the appeal) COMMISSIONER OF QUEENSLAND POLICE SERVICE (fifth respondent/not a party to the appeal) PALM ISLAND COUNCIL (sixth respondent/third appellant) HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (seventh respondent/not a party to the appeal) ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (eighth respondent/second respondent)
FILE NO/S:	Appeal No 494 of 2009 DC No 352 of 2007
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal
ORIGINATING COURT:	District Court at Townsville
DELIVERED ON:	16 June 2009
DELIVERED AT:	Brisbane
HEARING DATE:	25 May 2009; 26 May 2009
JUDGES:	McMurdo P, Keane JA and Fraser JA Judgment of the Court
ORDER:	1. Appeal allowed 2. The whole of the finding of the Coroner as to how the deceased died which is excerpted at paragraph [22] of these reasons is set aside 3. The inquest is to be reopened 4. The State Coroner is directed to appoint another Coroner, other than the Coroner below, to re-examine the finding set aside 5. The parties have leave to make written submissions in relation to costs in accordance with paragraph 37A of Practice Direction No 1 of 2005
CATCHWORDS:	MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – INQUESTS AND INQUIRIES GENERALLY – where Coroner made findings that first respondent punched the deceased and that those punches caused the injuries that caused the deceased to die – where undisputed medical evidence provided that "severe compressive force" caused the injuries that caused the deceased to die – where undisputed medical evidence provided that punches by first respondent could not have applied severe compressive force necessary – whether finding that punches by first respondent caused fatal injuries to deceased reasonably open on the evidence MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – PROCEEDINGS AT INQUEST OR INQUIRY – IN GENERAL – where Coroner made findings as required by s 45 of the Coroners Act 2003 (Qld) – where Coroner to make findings as to what caused a person to die – where Coroner made findings that person's death not caused by a particular agent – whether Coroner permitted to make such findings by the Act MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – PROCEEDINGS AT INQUEST OR INQUIRY – IN GENERAL – where State Coroner required to issue guidelines under s 14 of the Coroners Act 2003 (Qld) – where guidelines stipulate that Briginshaw standard of proof applies to proceedings – whether Coroner correctly applied standard of proof MAGISTRATES – CORONERS – THE CORONER AND THE CORONER'S COURT – POWERS OF SUPERIOR COURT – OTHER MATTERS – where appellant applied to District Court to set aside findings of Coroner – where…