5. On 16 June 2009 the Court of Appeal [McMurdo P, Keane JA and Fraser JA] delivered a unanimous decision on an appeal by leave from a decision of the District Court (Pack DCJ) under section 50 of the Act and section 118(3) of the District Court of Queensland Act 1967 (Qld) [Hurley v Clements & Ors [2009] QCA 167]. The Court concluded “that the finding of the Coroner that punching by Mr Hurley caused the fatal injuries sustained by the deceased was not reasonably open on the evidence” [paragraph 48]. Accordingly, it found that the decision of the District Court that this finding of the Coroner should be set aside was correct although the process of reasoning whereby his Honour Judge Pack arrived at that decision was flawed.
