Welker & Ors v Rinehart & Anor (No 3) [2011] NSWSC 1471

Supreme Court New South Wales

Medium Neutral Citation: Welker & Ors v Rinehart & Anor (No 3) [2011] NSWSC 1471 Hearing dates: Wednesday, 16 November 2011 Decision date: 16 November 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Application dismissed Catchwords: PRACTICE AND PROCEDURE - Pleadings - defendants apply to suspend operation of pleading timetable to avoid filing a defence before determination of appeal against refusal to stay proceedings - defendants contend that if successful on appeal any defence filed will not be required - Court proceeds on basis initial decision correct - defendants argue legal prejudice as pleading may entail forgoing ability to apply to stay proceedings - application for stay already dismissed - defendants argue should not have to plead as unsure of endurance of suppression order - suppression order generally refused and interim order made to preserve position pending appeal - parties ought to plead on assumption no suppression order will be in place - defendants contend that any defence filed will solidify parties in their positions undermining mediation efforts - parties already significantly at odds - defence will be protected by suppression order if defendants successful on appeal - steps involved in preparing defence will be required for any ADR proceedings. Legislation Cited: (NSW) Court Suppression and Non-publication Orders Act 2010, s 7 Cases Cited: Rinehart v Welker & Ors [2011] NSWCA 345 Welker & Ors v Rinehart & Anor [2011] NSWSC 1238 Category: Procedural and other rulings Parties: Hope Rinehart Welker (first plaintiff) John Langley Hancocok (second plaintiff) Bianca Hope Rinehart (third plaintiff) Gina Hope Rinehart (first defendant) Ginia Hope Frances Rinehart (second defendant) Representation: Counsel: D F C Thomas (plaintiffs) B A Coles QC (first defendant/applicant) F Kunc SC (second defendant) Solicitors: Johnson Winter & Slattery (plaintiffs) Corrs Chambers Westgarth (first defendant) Gadens Lawyers (second defendant) File Number(s): 2011/285907