Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [No 23]

Wright Prospecting Pty Ltd (WPPL) and other parties were involved in a series of legal disputes with Hancock Prospecting Pty Ltd (HPPL) and others. The Supreme Court of Western Australia, presided over by Justice Smith, addressed objections to the tender of documentary evidence in these consolidated proceedings. The primary issues revolved around the admissibility of statements under Section 79C of the Evidence Act 1906 (WA), particularly whether they constituted 'business records'. The first class of documents involved a transcript of statements made by Gina Rinehart during a bankruptcy examination, which Bianca Rinehart and John Hancock sought to admit as business records. The court found that these statements were admissible as they were part of the Sceales Files, which were used in the ordinary course of business by HPPL and Gina Rinehart in her capacity as trustee of the Hope Margaret Hancock Trust. The second class of documents comprised memoranda of legal advice prepared by Mr Hayward, which included references to advice given by others and instructions. HPPL objected to certain statements on the basis of hearsay and opinion, but the court ruled that these could be admitted for non-hearsay purposes, such as to show instructions given and actions taken by HPPL, despite their inadmissibility as business records.