Rinehart v Welker (No 3)

Court of Appeal

New South Wales

Case Title:

Rinehart v Welker (No 3)

Medium Neutral Citation:

[2012] NSWCA 228

Hearing Date(s):

13 January 2012

Decision Date:

30 July 2012

Jurisdiction:

Before:

Bathurst CJ at [1];  Beazley JA at [25]; McColl JA [26]

Decision:

The applicants pay the costs of the respondents and the media interests in respect of the motions filed by the applicants on 6 January 2012 and 9 January 2012.

[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:

COSTS - costs of interlocutory applications - general rule that costs follow the event

COSTS - whether costs payable forthwith

Legislation Cited:

Court Suppression and Non-publication Orders Act 2010 s 7
Supreme Court Act 1970 s 46
Uniform Civil Procedure Rules 2005 r 42.7

Cases Cited:

Fiduciary Ltd v Morningstar Research Pty Limited [2002] NSWSC 432; (2002) 55 NSWLR 1
Hamod v State of New South Wales [2007] NSWSC 707
Royal Australian Naval Reserve Rifle Club Inc v NSW Rifle Association Inc [2010] NSWSC 351

Texts Cited:

Category:

Costs

Parties:

Gina Hope Rinehart (First Applicant)
Ginia Hope Francis Rinehart (Second Applicant)
Hope Rinehart Welker (First Respondent)
John Langley Hancock (Second Respondent)
Bianca Hope Rinehart (Third Respondent)
Australian Broadcasting Corporation (Media Interests)
Fairfax Media Publications Pty Ltd (Media Interests)
Nationwide News Pty Ltd (Media Interests)

Representation

- Counsel:

Counsel:
M Walton SC and P Kulevski (First Applicant)
M Holmes QC and M Allars (Second Applicant)
A S Bell SC and D F C Thomas (First, Second and Third Respondents)
A T S Dawson and F T Roughley (Media Interests)

- Solicitors:

Solicitors:
Corrs Chambers Westgarth (First Applicant)
Gadens Lawyers (Second Applicant)
Johnson Winter & Slattery (First, Second and Third Respondents)
Addisons Lawyers (Media Interests)

File number(s):

CA 2011/344306; 2011/344307

Decision Under Appeal

- Court / Tribunal:

- Before:

Bathurst CJ, McColl JA, Young JA

- Date of Decision:

31 October 2011

- Citation:

Rinehart v Welker [2011] NSWCA 403

- Court File Number(s)

CA 2011/344306; 2011/344307

Publication Restriction:

None

JUDGMENT

1. BATHURST CJ: By proceedings commenced on 5 September 2011 the respondents (the plaintiff beneficiaries) sought orders removing Mrs Gina Rinehart as trustee of a trust constituted by deed dated 27 December 1988, and varying the trust deed. Ms Ginia Rinehart was a beneficiary under that trust but joined with Mrs Gina Rinehart in opposing the relief sought.

2. Mrs Gina Rinehart and Ms Ginia Rinehart (the applicants) sought a stay of these proceedings relying on an arbitration provision in a deed of settlement entered into between the parties in August 2006. In addition, the applicants sought various orders under s 7 of the Court Suppression and Non-publication Orders Act 2010,…