Rinehart v Rinehart

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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

  1. BASTEN JA: I agree with…

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Details
Case
[2020] NSWCA 221
Decision Date

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

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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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