Hancock v Rinehart [2013] NSWSC 1980

Supreme Court New South Wales

Medium Neutral Citation: Hancock v Rinehart [2013] NSWSC 1980 Hearing dates: 11 October 2013 Decision date: 11 October 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Leave to propose managing and custodial trustee under (WA) Trustees Act 1962 as replacement trustees refused. Catchwords: TRUSTS AND TRUSTEES - Appointment of replacement trustee - second defendant proposes appointment of custodian trustee and managing trustee under (WA) Trustees Act 1962 - proposal aimed at overcoming any difficulty that might be occasioned by appointment of non-Hancock family member - consideration of proposal without injustice to plaintiffs not possible except at cost of an unacceptable adjournment - leave refused. Legislation Cited: (WA) Trustees Act 1962 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