Rinehart v Rinehart - [2020] NSWCA 221

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Rinehart v Rinehart [2020] NSWCA 221
Hearing dates: 23 and 24 July 2020
Date of orders: 22 September 2020
Decision date: 22 September 2020
Before: Basten JA at [1];
Macfarlan JA at [17];
Meagher JA at [57]
Decision:
(1)   Notice of Appeal filed on 19 December 2019 dismissed.
(2)   Summons seeking leave to appeal filed on 1 May 2020 dismissed.
(3)   Order Bianca Rinehart to pay Gina Rinehart’s costs of these appeal proceedings.

Catchwords:
JUDGMENTS AND ORDERS – orders concerning interim indemnification of previous trustee for costs of delivery of trust documents to new trustee – whether orders final or interlocutory – orders expressly stated to be subject to any further order – exercise of discretion by primary judge in case management and the working out of earlier orders – no final determination of the issues by primary judge – no utility in granting leave to appeal

Legislation Cited:
Civil Procedure Act 2005 (NSW), s 56
Supreme Court Act 1970 (NSW), s 101(2)(e)
Uniform Civil Procedure Rules 2005 (NSW), r 54.3

Cases Cited:
Athens v Randwick City Council (2005) 64 NSWLR 58; [2005] NSWCA 317
Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63
Australian Securities and Investments Commission v Letten (No 17) [2011] FCA 1420; (2011) 286 ALR 346
AVS Group of Companies Pty Ltd v Commissioner of Police (2010) 78 NSWLR 302; [2010] NSWCA 81
Bruton Holdings Pty Ltd v Commissioner of Taxation (2009) 239 CLR 346; [2009] HCA 32
Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth (2019) 93 ALJR 807; [2019] HCA 20
Doyle v Commissioner of Police (No 2) [2020] NSWCA 34
Glencore International AG v Federal Commissioner of Taxation (2019) 265 CLR 646; [2019] HCA 26
Hancock v Rinehart [2015] NSWSC 646
Hancock v Rinehart [2018] NSWSC 1684
In re Grimthorpe [1958] Ch 615
Klewer v Attorney General (NSW) [2010] NSWCA 219
Nolan v Collie (2003) 7 VR 287; [2003] VSCA 39
Phillips v Walsh (1990) 20 NSWLR 206
Re Beddoe [1893] 1 Ch 547
Rinehart v Rinehart [2019] HCASL 242
Rinehart v Rinehart [2019] NSWCA 54
Smethurst v Commissioner of Police (Cth) [2020] HCA 14; (2020) 94 ALJR 502

Category: Principal judgment
Parties: Bianca Hope Rinehart (Applicant)
Gina Hope Rinehart (First Respondent)
Hancock Prospecting Pty Ltd (Second Respondent)
Hope Downs Iron Ore Pty Ltd (Third Respondent)
Representation:
Counsel:
D Thomas SC / D Hume (Applicant)
C N Bova SC / T E O’Brien / D J Reynolds (First Respondent)
J Giles SC / C Mitchell (Second and Third Respondents)
Solicitors:
YPOL Lawyers (Applicant)
Speed & Stracey Lawyers (First Respondent)
Corrs Chambers Westgarth (Second and Third Respondents)

File Number(s): 2019/366237; 2020/133923
Decision under appeal

Court or tribunal:

Supreme Court

Jurisdiction:

Equity

Citation:

[2019] NSWSC 1451

Date of Decision:

25 October 2019

Before:

Ward CJ in Eq

File Number(s):

2011/285907

Judgment

BASTEN JA: I agree with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] NSWCA 221
Decision Date: 22 September 2020

CaseChat Overview and Summary

The proceedings concerned an appeal from orders made by the primary judge regarding the interim indemnification of a previous trustee for the costs associated with delivering trust documents to a new trustee. The parties involved were Bianca Rinehart and Gina Rinehart.

The central legal issue before the Court of Appeal was whether the primary judge's orders were final or interlocutory in nature. This determination was crucial for assessing whether leave to appeal was required and, if so, whether it should be granted. The Court also considered the primary judge's exercise of discretion in managing the case and in working out earlier orders.

The Court of Appeal reasoned that the orders were not final because they were expressly made subject to any further order. The primary judge had not made a final determination of the issues, and there was no utility in granting leave to appeal. Consequently, the Court dismissed the notice of appeal filed on 19 December 2019 and the summons seeking leave to appeal filed on 1 May 2020. The Court further ordered Bianca Rinehart to pay Gina Rinehart’s costs of the appeal proceedings.

Orders

Orders of the court

(1) Notice of Appeal filed on 19 December 2019 dismissed.

(2) Summons seeking leave to appeal filed on 1 May 2020 dismissed.

(3) Order Bianca Rinehart to pay Gina Rinehart’s costs of these appeal proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Rinehart v Rinehart [2020] NSWCA 221
Hearing dates:	23 and 24 July 2020
Date of orders:	22 September 2020
Decision date:	22 September 2020
Before:	Basten JA at [1]; Macfarlan JA at [17]; Meagher JA at [57]
Decision:	(1) Notice of Appeal filed on 19 December 2019 dismissed. (2) Summons seeking leave to appeal filed on 1 May 2020 dismissed. (3) Order Bianca Rinehart to pay Gina Rinehart’s costs of these appeal proceedings.
Catchwords:	JUDGMENTS AND ORDERS – orders concerning interim indemnification of previous trustee for costs of delivery of trust documents to new trustee – whether orders final or interlocutory – orders expressly stated to be subject to any further order – exercise of discretion by primary judge in case management and the working out of earlier orders – no final determination of the issues by primary judge – no utility in granting leave to appeal
Legislation Cited:	Civil Procedure Act 2005 (NSW), s 56 Supreme Court Act 1970 (NSW), s 101(2)(e) Uniform Civil Procedure Rules 2005 (NSW), r 54.3
Cases Cited:	Athens v Randwick City Council (2005) 64 NSWLR 58; [2005] NSWCA 317 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Australian Securities and Investments Commission v Letten (No 17) [2011] FCA 1420; (2011) 286 ALR 346 AVS Group of Companies Pty Ltd v Commissioner of Police (2010) 78 NSWLR 302; [2010] NSWCA 81 Bruton Holdings Pty Ltd v Commissioner of Taxation (2009) 239 CLR 346; [2009] HCA 32 Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth (2019) 93 ALJR 807; [2019] HCA 20 Doyle v Commissioner of Police (No 2) [2020] NSWCA 34 Glencore International AG v Federal Commissioner of Taxation (2019) 265 CLR 646; [2019] HCA 26 Hancock v Rinehart [2015] NSWSC 646 Hancock v Rinehart [2018] NSWSC 1684 In re Grimthorpe [1958] Ch 615 Klewer v Attorney General (NSW) [2010] NSWCA 219 Nolan v Collie (2003) 7 VR 287; [2003] VSCA 39 Phillips v Walsh (1990) 20 NSWLR 206 Re Beddoe [1893] 1 Ch 547 Rinehart v Rinehart [2019] HCASL 242 Rinehart v Rinehart [2019] NSWCA 54 Smethurst v Commissioner of Police (Cth) [2020] HCA 14; (2020) 94 ALJR 502
Category:	Principal judgment
Parties:	Bianca Hope Rinehart (Applicant) Gina Hope Rinehart (First Respondent) Hancock Prospecting Pty Ltd (Second Respondent) Hope Downs Iron Ore Pty Ltd (Third Respondent)
Representation:	Counsel: D Thomas SC / D Hume (Applicant) C N Bova SC / T E O’Brien / D J Reynolds (First Respondent) J Giles SC / C Mitchell (Second and Third Respondents) Solicitors: YPOL Lawyers (Applicant) Speed & Stracey Lawyers (First Respondent) Corrs Chambers Westgarth (Second and Third Respondents)
File Number(s):	2019/366237; 2020/133923
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2019] NSWSC 1451 Date of Decision: 25 October 2019 Before: Ward CJ in Eq File Number(s): 2011/285907