Rinehart v Rinehart [2016] NSWCA 58

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rinehart v Rinehart [2016] NSWCA 58 Hearing dates: 22 March 2016 Decision date: 24 March 2016 Before: Beazley P; Leeming JA; Simpson JA Decision: Summons seeking leave to appeal filed on 16 February 2016 dismissed with costs. Catchwords: APPEAL – application for leave – documents produced on subpoena by solicitors for former trustee – former trustee claimed documents were privileged in her personal capacity as opposed to her capacity as trustee – primary judge rejected claim – challenge to finding that no evidence supporting claim had been adduced – challenge to primary judge's declining to inspect the documents – no prospect of any different result – leave refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59 Evidence Act 1995 (NSW), ss 118, 119 and 136 Uniform Civil Procedure Rules 2005 (NSW), rr 1.8, 51.53 Cases Cited: Hancock v Rinehart [2016] NSWSC 116 Category: Principal judgment Parties: Gina Hope Rinehart (Applicant) Bianca Hope Rinehart (First Respondent) John Langley Hancock (Second Respondent) Representation: Counsel: B R McClintock SC, R Mansted (Applicant) C H Withers, A M Hochroth (Respondents)

Solicitors: Speed & Stracey Lawyers (Applicant) Yeldham Price O'Brien Lusk (Respondents) File Number(s): 2016/49482 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2016] NSWSC 12 Date of Decision: 2 February 2016 Before: Brereton J File Number(s): 2011/285907