Walter Mining Pty Ltd v Hennessey

Walter Mining Pty Ltd sought judicial review of a decision by a coroner in Queensland, who was conducting a coronial inquest into the death of Mr Jason Blee. The coroner had made a preliminary ruling as to what evidence she would consider in making her findings under sections 45 and 46 of the Coroners Act 2003 (Qld). The applicant sought to challenge the coroner's decision to accept certain opinion evidence, arguing that this was an improper exercise of power. The central issue before the court was whether the coroner should have accepted the opinion evidence and, if so, whether the court should intervene in the interlocutory decision of the coroner.

The court held that the coroner's decision to accept the opinion evidence was within her discretion and was not an improper exercise of power. The court found that the coroner had correctly applied the relevant legal principles in determining the admissibility of the evidence. The court also noted that the decision to accept opinion evidence was an interlocutory decision, and the court should generally be slow to intervene in such decisions unless there is a clear error of law. In this case, the court found no such error, and therefore dismissed the application for judicial review.

The court's reasoning was based on the principle that the coroner's role in a coronial inquest is to make findings of fact and to determine the cause of death. The court found that the coroner had properly exercised her discretion in determining the admissibility of opinion evidence, and that there was no basis for the court to intervene in this interlocutory decision. The court emphasised that the role of the coroner in a coronial inquest is to make findings of fact and to determine the cause of death, and that the court should not interfere with this process unless there is a clear error of law.

Accordingly, the court dismissed the application for judicial review, and no orders were made. The decision of the coroner to accept opinion evidence was upheld, and the coronial inquest into the death of Mr Jason Blee proceeded as planned.