Hancock v Rinehart [2015] NSWSC 896

Supreme Court New South Wales

Medium Neutral Citation: Hancock v Rinehart [2015] NSWSC 896 Hearing dates: 24 June 2015 Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction: Equity Division Before: White J Decision: 1. Order that the plaintiffs' notice of motion filed 23 December 2014 be dismissed; 2. Order that the plaintiffs pay the first defendant's costs; 3. Stand over notice to produce to the Registrar's list on 8 July 2015. Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce – plaintiffs applied for gross sum costs order – first defendant seeks production of tax invoices, itemised bills and funding agreements relating to the plaintiffs' legal costs – whether it must appear likely that the documents will materially assist the applicant – held, dismissing the plaintiffs' application: the "on the cards" test applies in New South Wales and, in any event, the question is whether disclosure is necessary for the resolution of the real issues in dispute Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Shaw v Yarranova Pty Ltd [2011] VSCA 55 Attorney-General (NSW) v Chidgey [2008] NSWCCA 65; (2008) 182 Crim R 536 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2011] NSWSC 11 Category: Procedural and other rulings Parties: John Langley Hancock (1st Plaintiff) Bianca Hope Rinehart (2nd Plaintiff) Gina Hope Rinehart (1st Defendant) Ginia Hope Frances Rinehart (2nd Defendant) Hope Rinehart Welker (3rd Defendant) Hancock Prospecting Pty Ltd (4th Defendant) Hope Downs Iron Ore Pty Ltd (5th Defendant) Representation: Counsel: C H Withers with P A Meagher and A Hochroth (Plaintiffs) B McClintock SC with S Lawrance (1st Defendant)