Musumeci v Attorney General of NSW

The case of *Musumeci v Attorney General of NSW* concerned an appeal from a decision of Hidden J in the Supreme Court of New South Wales. The claimant, Mr Musumeci, sought to challenge the conduct of a coronial inquest into the death of Pauline Elsie Anne Gillard, specifically concerning the extent to which he, as a witness whose interests might be adversely affected by the Coroner's powers under section 19 of the *Coroners Act 1980* (NSW), was entitled to disclosure of all relevant material.

The central legal issue before the Court of Appeal was the stage at which procedural fairness required the Coroner to disclose all relevant material to a witness whose interests might be adversely affected by the exercise of the Coroner's powers. This included determining whether withholding such material was permissible in circumstances where it was deemed necessary to protect the integrity of the investigation, or if withholding it for tactical reasons was an improper exercise of the Coroner's discretion.

By majority, the Court of Appeal granted leave to appeal, upheld the appeal, and set aside the judgment of Hidden J. The Court ordered that, subject to any question of privilege or immunity, the Coroner was to forthwith supply to the claimant all material in his possession, or in the possession of the sergeant assisting the inquest, which related to the possible involvement of the claimant in the death of Pauline Elsie Anne Gillard. The first opponent was ordered to pay the costs of the claimant for both the appeal and the proceedings in the Court below.