Rinehart v Welker and Ors [2011] NSWCA 345

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rinehart v Welker and Ors [2011] NSWCA 345 Hearing dates: 31 October 2011 Decision date: 31 October 2011 Before: Tobias AJA Decision: 1. Pursuant to s.7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (Act), and on the grounds referred to in s 8(1)(a), a suppression order is made prohibiting the disclosure by publication or otherwise of any information as to the relief claimed or any pleading, the Summary of Argument, submissions, the draft Notice of Appeal, evidence or argument filed, read or given in these proceedings, and including the contents of the red book, blue book, black book and orange book but not including the Summons seeking Leave to Appeal or the pronounced or published judgment of Tobias AJA. 2. Pursuant to s.12 of the Act, the suppression order in paragraph 1 above operates until determination of the Applicant's application for leave to appeal is determined or until further order of the Court. 3. Pursuant to s.11 of the Act, the suppression order in paragraph 1 above applies throughout the Commonwealth. 4. That appeal number 2011/344306 and appeal 2011/344307 be heard at the same time. 5. That the application for leave to appeal be determined concurrently with the appeal. 6. The hearing for leave to appeal with the hearing of the appeal be expedited. [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: PROCEDURE - Suppression orders - Discretion. Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) ss 6, 8, 9 Cases Cited: John Fairfax Publications Pty Ltd and Another v District Court of New South Wales and Others [2004] NSWCA 324; (2004) 61 NSWLR 344 Category: Procedural and other rulings Parties: 2011/344306: applicant: Gina Hope RINEHART first respondent: Hope Rinehart WELKER second respondent: John Langley HANCOCK third respondent: Bianca Hope RINEHART fourth respondent: Ginia Hope Frances RINEHART 2011/344307: applicant: Ginia Hope Frances RINEHART first respondent: Hope Rinehart WELKER second respondent: John Langley HANCOCK third respondent: Bianca Hope RINEHART fourth respondent: Gina Hope RINEHART Media Intervenor: Australian Broadcasting Commission; Fairfax Media Publications; Nine Network; Nationwide News Representation: Gina Hope Rinehart (applicant 2011/344306; fourth respondent 2011/344307): B A Coles QC/ P Kulevski Hope Rinehart Welker (first respondent both matters); John Langley Hancock (second respondent both matters); Bianca Hope Rinehart (third respondent both matters): A S Bell SC/ D F C Thomas Ginia Hope Frances Rinehart (applicant 2011/344307; fourth respondent 2011/344306): F Kunc SC/ Mr Flynn Media Intervenor Australian Broadcasting Commission; Fairfax Media Publications; Nine Network; Nationwide News: A T S Dawson Gina Hope Rinehart (applicant 2011/344306; fourth respondent 2011/344307): Corrs Chambers Westgarth Hope Rinehart Welker (first respondent both matters): unrepresented John Langley Hancock (second respondent both matters): Butcher Paull & Calder Bianca Hope Rinehart (third respondent both matters): Johnson Winter & Slattery Ginia Hope Frances Rinehart (applicant 2011/344307; fourth respondent 2011/344306): Gadens Lawyers Media Intervenor Australian Broadcasting Commission; Fairfax Media Publications; Nine Network; Nationwide News: Addisons File Number(s): 2011/344306; 2011/344307 Decision under appeal Citation: Welker & Ors v Rinehart [2011] NSWSC 1094 Welker & Ors v Rinehart & Anor (No 2) [2011] NSWSC 1238 Before: Brereton J File Number(s): 2011/00285907