Hancock Prospecting Pty Ltd v Welker

[2012] NSWCA 104

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Hancock Prospecting Pty Ltd v Welker [2012] NSWCA 104

Hearing dates:

8 February 2012

Decision date:

20 April 2012

Before:

Bathurst CJ at [1]; McColl JA at [2]; Young JA at [3].

Decision:

1. Leave to appeal granted

2. Appeal dismissed with costs

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PRACTICE AND PROCEDURE - Stay of proceedings - Referral to arbitration - Arbitration clause - Construction of arbitration clauses.

PRACTICE AND PROCEDURE - Stay of proceedings - Referral to arbitration - Agreement to refer "any dispute under this deed" to arbitration - Construction - Whether claim pursuant to Trustee Act 1962 (WA) and court's inherent and equitable jurisdiction a "dispute under this deed" - Relevance of defences invoking deed.

Cases Cited:

Rinehart v Welker [2012] NSWCA 95

Category:

Procedural and other rulings

Parties:

Hancock Prospecting Pty Ltd (Appellant)
Hope Rinehart Welker (First Respondent)
John Langley Hancock (Second Respondent)
Bianca Hope Rinehart (Third Respondent)

Representation:

Counsel
D B Studdy SC and C Colquhoun (Appellant)
A S Bell SC and D F C Thomas (First, Second and Third Respondents)
Solicitors
Corrs Chambers Westgarth (Appellant)
Johnson Winter & Slattery (First, Second and Third Respondents)

File Number(s):

2012/3023

 Decision under appeal 

Citation:

Welker & Ors v Rinehart & Anor (No 4) [2011] NSWSC 1636

Date of Decision:

2011-12-22 00:00:00

Before:

Brereton J

File Number(s):

2011/285907

Judgment

1. BATHURST CJ: For the reasons given in the judgment on the appeal brought by Gina Hope Rinehart and Ginia Hope Frances Rinehart, which was heard with the present appeal (Rinehart v Welker [2012] NSWCA 95) the appeal by Hancock Prospecting Pty Ltd (HPPL) against the orders of Brereton J of 22 December 2011 declining to order a stay of proceedings should, in my opinion, be dismissed with costs.

1. MCCOLL JA: For the reasons I have given in Rinehart v Welker [2012] NSWCA 95, I agree with Bathurst CJ that the appeal should be dismissed.

1. YOUNG JA: I agree with the Chief Justice.

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Decision last updated: 20 April 2012