Rinehart v Hancock [2013] NSWCA 326

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rinehart v Hancock [2013] NSWCA 326 Hearing dates: 2 October 2013 Decision date: 03 October 2013 Before: Macfarlan JA Meagher JA Decision: The application for leave to appeal is dismissed with costs. [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: ARBITRATION - application for leave to appeal against interlocutory decision dismissing application to stay proceedings and refer them to arbitration - arbitration clause in deed applicable where "disputes under this deed" - whether releases and undertakings in deed foreclosed claims in equity proceedings - whether certain of the claims constituted claims covered by the deed when they had not been communicated prior to the date of the deed - whether outcome of equity proceedings claims "governed or controlled" by the deed Cases Cited: Haydon v Lo & Lo [1997] 1 WLR 198 Rinehart v Welker [2012] NSWCA 95 Category: Principal judgment Parties: Ginia Hope Frances Rinehart (First Applicant) Hancock Prospecting Pty Ltd (Second Applicant) Hope Downs Iron Ore Pty Ltd (Third Applicant) John Langley Hancock (First Respondent) Bianca Hope Rinehart (Second Respondent) Hope Rinehart Welker (Third Respondent) Gina Hope Rinehart (Fourth Respondent) Representation: Counsel: R G McHugh SC/P W Flynn (First Applicant) D B Studdy SC/C Colquhoun (Second and Third Applicants) C H Withers/N Zerial/A Hochroth (First and Second Respondents) B R McClintock SC (Fourth Respondent) Solicitors: Gadens Lawyers (First Applicant) Corrs Chambers Westgarth (Second and Third Applicants) Yeldham Price O'Brien Lusk (First and Second Respondents) Corrs Chambers Westgarth (Fourth Respondent) File Number(s): CA 2013/285046 Decision under appeal Jurisdiction: 9111 Citation: Hancock & Anor v Rinehart & Ors [2013] NSWSC 1352 Date of Decision: 2013-09-18 00:00:00 Before: Bergin CJ in Eq File Number(s): 2011/285907