Hancock v Rinehart [2013] NSWSC 1978

Supreme Court New South Wales

Medium Neutral Citation: Hancock v Rinehart [2013] NSWSC 1978 Hearing dates: 9 October 2013 Decision date: 09 October 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Orders made in relation to production and access. Order that orders made in accordance with paras 1, 2 and 3 of the Short Minutes of Order dated 28 June 2013 be discharged. Catchwords: PROCEDURE - Legal professional privilege - dominant purpose - whether third defendant impliedly waived privilege through an affirmative pleading of its state of mind in the proceedings - whether first defendant impliedly waived privilege on behalf of third defendant through an affirmative pleading of her state of mind - whether waiver by selective deployment of legal advice. PROCEDURE - Confidentiality - when matter fixed for hearing orders made restricting access to redacted Agreement as well as related confidentiality arrangements - whether confidentiality arrangements should cease to apply - nothing identified in redacted version of document which would operate to the jeopardy of any party's interests. Legislation Cited: (NSW) Evidence Act 1995 s 118, s 126 Cases Cited: Ampolex Ltd v Perpetual Trustee (Canberra) Ltd (1995) 37 NSWLR 405 Council of New South Wales Bar Association v Archer [2008] NSWCA 164; (2008) 72 NSWLR 236 Garratts Ltd v Thanga Thangathurai [2002] NSWSC 39 Wayne Lawrence Pty Ltd v Hunt [1999] NSWSC 1044 Category: Interlocutory applications Parties: John Langley Hancock (first plaintiff) Bianca Hope Rinehart (second plaintiff) Gina Hope Rinehart (first defendant) Ginia Hope Frances Rinehart (second defendant) Hope Rinehart Welker (third defendant) Hancock Prospecting Pty Ltd (fourth defendant) Hope Downs Iron Ore Pty Ltd (fifth defendant) Representation: Counsel: C Withers w N Zerial & A Hochroth (plaintiffs) N Hutley SC w B McClintock SC, C Bova & J Hutton (first defendant) R McHugh SC w P Flynn (second defendant) M Deutsch (solicitor) (third defendant) D Studdy SC w I Colquhoun (fourth & fifth defendants) Solicitors: Yeldham Price O'Brien Lusk (plaintiffs) Corrs Chambers Westgarth (first, fourth, fifth defendants) Gadens Lawyers (second defendant) Deutsch Miller (third defendant) File Number(s): 2011/285907