Rinehart v Rinehart

This matter concerned an appeal from a decision of the primary judge regarding the provision of trust documents by a former trustee, Gina Rinehart, to a new trustee, Bianca Rinehart. The dispute centred on whether the former trustee was obliged to provide certain documents, referred to as the Sceales Files and Bankruptcy Transcripts, to the new trustee.

The legal issues before the Court of Appeal were whether the primary judge erred in exercising discretion by staying the delivery of these documents until the completion of pending arbitration, and whether the primary judge had made a finding that the former trustee did not own or co-own the documents in her capacity as trustee. The Court was required to determine the extent of a former trustee's obligation to provide trust documents to a new trustee, particularly where the former trustee had received and possessed documents in multiple capacities.

The Court of Appeal found that a former trustee is prima facie required to provide trust documents to a new trustee. It held that the primary judge had erred in exercising discretion by imposing a stay on the delivery of the Sceales Files and Bankruptcy Transcripts. The Court reasoned that the former trustee's failure to distinguish between documents held in her capacity as trustee and those held in other capacities meant she was required to make copies of documents used by her in her trustee role, even if she did not solely own them. The Court allowed the appeal, setting aside the stay and ordering the former trustee to deliver up the specified documents to the new trustee within 14 days. The former trustee was also ordered to pay the costs of the applications related to the delivery of the documents and the costs of the appeal.