NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hancock v Rinehart [2016] NSWSC 116 Hearing dates: Tuesday, 16 February 2016 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Equity Before: Brereton J Decision: Application for stay pending appeal refused. Short stay granted to permit application for stay to be made to Court of Appeal. Catchwords: PROCEDURE – Judgments and orders – order made granting stay pending appeal – where leave to appeal sought – where failure to grant stay would render appeal nugatory – where prospects of ultimate success in disturbing discretionary aspect of judgment appear remote – where stay will delay completion of part-heard application for enforcement of principal judgment. Cases Cited: Hancock v Rinehart (Privilege) [2016] NSWSC 12 House v The King (1936) 55 CLR 499 Welker v Rinehart (No 2) [2011] NSWSC 1238 Westminster Airways Limited v Kuwait Oil Company Limited [1951] 1KB 134 at 146 Category: Procedural and other rulings Parties: John Langley Hancock (first plaintiff) Bianca Hope Rinehart (second plaintiff) Gina Hope Rinehart (first defendant) Representation: Counsel: CH Withers w AM Hochroth and PA Meagher (plaintiffs) B McClintock SC w SA Lawrence and R Mansted (first defendant)
Solicitors: Yeldham Price O'Brien Lusk (plaintiffs) Speedy and Stracey (first defendant) File Number(s): 2011/285907
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