Hancock v Hancock Prospecting Pty Limited [2022] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: Hancock v Hancock Prospecting Pty Limited [2022] NSWSC 724 Hearing dates: 18–19 May 2022 Decision date: 03 June 2022 Jurisdiction: Equity - Commercial Arbitration List Before: Ball J Decision: (1) Summons dismissed; (2) Order that the plaintiffs pay the defendants' costs of the proceedings (other than the cross-summons); (3) Order that each party bear its own costs of the cross-summons; (4) Direct that within seven days of the date of this judgment the parties bring in short minutes of order recording the terms of a suppression order to be made by the Court under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act) in respect of material placed before the Court, and any transcript produced, in connection with these proceedings; (5) Order pursuant to s 10 of the Act that until 4.00 pm on 10 June 2022 or further order this judgment and its contents are not to be disclosed, by publication or otherwise, to any person other than: (a) to the parties and their legal representatives; (b) to the Honourable Wayne Martin AC QC, Dr Michael Hwang SC and the Honourable Dr Kevin Lindgren AM QC. (6) Liberty to apply on 24 hours' notice in relation to orders (4) and (5). Catchwords: COMMERCIAL ARBITRATION — Composition of arbitral tribunal — Grounds for challenge to arbitrator — Circumstances likely to give rise to justifiable doubts as to the person's impartiality or independence — Whether there is a real danger of bias on the part of the presiding arbitrator CIVIL PROCEDURE — Hearings — Suppression and non-publication — Whether public interest in reasons for judgment outweigh public interest in suppression Legislation Cited: Commercial Arbitration Act 2012 (WA) Commercial Arbitration Bill 2011 (WA) Evidence Act 1995 (NSW) International Arbitration Act 1974 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Jurisdiction of Courts (Cross-vesting) Act 1987 (WA) Cases Cited: Australian Securities and Investments Commission v Hellicar (2013) 247 CLR 345; [2012] HCA 17 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 R v Gough [1993] AC 646 Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2016] FCA 1131 Texts Cited: Explanatory Note, Commercial Arbitration Bill 2011 (WA) Legislative Council, Parliament of Western Australia, Standing Committee on Uniform Legislation and Statutes Review, Report 67 (November 2011) Category: Principal judgment Parties: John Langley Hancock (First Plaintiff | First Cross-Defendant) Bianca Hope Rinehart (Second Plaintiff | Second Cross-Defendant) Hancock Prospecting Pty Limited (First Defendant | First Cross-Claimant) Hancock Minerals Pty Ltd (Second Defendant | Second Cross-Claimant) Tadeusz Watroba (Third Defendant | Third Cross-Claimant) Westraint Resources Pty Ltd (Fourth Defendant | Fourth Cross-Claimant) HMHT Investments Pty Ltd (Fifth Defendant | Fifth Cross-Claimant) Hope Downs Iron Ore Pty Ltd (Sixth Defendant | Sixth Cross-Claimant) Roy Hill Iron Ore Pty Ltd (Seventh Defendant | Seventh Cross-Claimant) Mulga Downs Iron Ore Pty Ltd (Eighth Defendant | Eighth Cross-Claimant) Georgina Hope Rinehart (Ninth Defendant | Third Cross-Defendant) 150 Investments Pty Ltd (Tenth Defendant | Fourth Cross-Defendant) Hope Rinehart Welker (Eleventh Defendant | Fifth Cross-Defendant) Ginia Hope Frances Rinehart (Twelfth Defendant | Sixth Cross-Defendant) The Hancock Family Memorial Foundation Limited (Thirteenth Defendant | Seventh Cross-Defendant) Mulga Downs Investments Pty Ltd (Fourteenth Defendant) Representation: Counsel: CH Withers SC with AM Hochroth and TM Rogan (Plaintiffs | First and Second Cross-Defendants) N Hutley SC with J Lockhart SC, J Hutton and K Sutton (First to Eighth and Fourteenth Defendants | First to Eighth Cross-Claimants) P Brereton SC with C Bova SC, T O'Brien and D Farinha (Ninth and Tenth Defendants | Third and Fourth Cross-Defendants) P Flynn SC with K Lindeman (Twelfth Defendant | Sixth Cross-Defendant)