Hancock v Rinehart [2013] NSWSC 1979

Supreme Court New South Wales

Medium Neutral Citation: Hancock v Rinehart [2013] NSWSC 1979 Hearing dates: 10 October 2013 Decision date: 10 October 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Decline to permit plaintiffs to propound second plaintiff as candidate for replacement trustee. Catchwords: TRUSTS AND TRUSTEES - Appointment of replacement trustee - where order made directing plaintiffs notify defendants as to identity of proposed replacement trustee by certain date - second plaintiff proposed as replacement trustee after deadline, on day before trial commenced - desirability that court have before it all reasonable available options - injustice of denying defendants opportunity to dispute fitness and appropriateness of proposed replacement trustee - not just to permit plaintiffs to belatedly propound second plaintiff. 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