UGLE -v- BOWRA & O'DEA & ANOR [2007] WASC 82
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WASC 82 | |
| Case No: | CIV:1255/2007 | 16 MARCH 2007 | |
| Coram: | McKECHNIE J | 15/03/07 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | STUART JOHN UGLE BOWRA & O'DEA KATHERINE McGLADE |
Catchwords: | Administration Possession of a body for burial Determination by Coroner |
Legislation: | Nil |
Case References: | Burrows v Cramley [2002] WASC 47 Gilliott v Woodlands [2006] VSCA 46 Re Boothman SM; Ex parte Trigg, unreported; SCt of WA; (Owen J); Library No 990031; 27 January 1999 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
Estate of JOHN LANG ALFRED UGLE late of 16 George Street Kensington and 7 Reen Street St James in the State of Western Australia, Public Servant (Dec)
- Plaintiff
AND
BOWRA & O'DEA
First Defendant
KATHERINE McGLADE
Second Defendant
Catchwords:
Administration - Possession of a body for burial - Determination by Coroner
(Page 2)
Legislation:
Nil
Result:
Application dismissed
Category: B
Representation:
Counsel:
Plaintiff : Ms M J Elliott
First Defendant : Ms E L Madden
Second Defendant : Mr A J Mason & Mr P A Sheiner
Solicitors:
Plaintiff : Elliott & Co
First Defendant : Mallesons Stephen Jaques
Second Defendant : Christensen Vaughan
Case(s) referred to in judgment(s):
Burrows v Cramley [2002] WASC 47
Gilliott v Woodlands [2006] VSCA 46
Re Boothman SM; Ex parte Trigg, unreported; SCt of WA; (Owen J); Library No 990031; 27 January 1999
(Page 3)
- McKECHNIE J:
Introduction
1 It is in the nature of these applications that there is often only a short time for parties to prepare their case and materials and to respond to the other side's case. This may lead to some possibility of injustice. Justice is relative not absolute and there has to be a balance between the need for prompt expedition of a matter that involves grief and loss to many people, together with the need to secure the burial of a person reasonably promptly, and the need for a full exploration of disputed matters. In this case, given much time, many issues could be ventilated and explored, but time is one thing that is simply not available. Pressures of time, stress and pain add to an already emotional situation where there are no winners and losers, only deeply held and legitimate feelings that are exacerbated by uncertainty. This is why I am sitting into the evening to deliver judgment after a hearing that commenced this morning, was adjourned until the afternoon, and continued after normal Court hours.
The nature of the application
2 This is an application…
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- AGLC
- Ugle v Bowra & O'Dea [2007] WASC 82
- Case
- [2007] WASC 82
- Decision Date
CaseChat Overview and Summary
The legal issues that arose in this case centred on the Coroners' authority to detain a body for investigative purposes and the circumstances under which the body of a deceased individual may be released for burial. The court had to consider the Coroners' role in determining whether a death required an inquest and the extent of their powers to retain a body for such investigations. Additionally, the court examined the balance between the rights of the deceased's next of kin to bury their loved one and the public interest in ensuring that any suspicious or unnatural deaths are properly investigated.
The court found that the Coroners had acted within their statutory powers in detaining the body for investigation. The Coroners had a duty to determine whether an inquest was required, and in this case, they had reasonable grounds to believe that an inquest was necessary. The court held that the Coroners' decision to retain the body was not an abuse of their discretion, and therefore, the plaintiff's application to have the body released for burial was dismissed. The court emphasised the importance of the Coroners' role in ensuring that all deaths are properly investigated, and that the public interest in such investigations must be balanced against the rights of the deceased's next of kin. The court concluded that, in this instance, the Coroners' decision was justified, and the application was dismissed.
Orders
Orders of the court
Application dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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