Rinehart v Rinehart (No 3) [2016] NSWSC 1645

Supreme Court New South Wales

Medium Neutral Citation: Rinehart v Rinehart (No 3) [2016] NSWSC 1645 Hearing dates: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Equity Before: Stevenson J Decision: Plaintiffs granted leave to use discovered documents as set out at [15] Catchwords: PRACTICE AND PROCEDURE – whether plaintiffs should be released from implied undertaking concerning documents disclosed pursuant to order for preliminary discovery – where second defendant has commenced proceedings in the Federal Court against the first plaintiff – where first plaintiff as trustee obliged to seek judicial advice as to whether she should defend those proceedings – where documents in question likely to be discoverable in Federal Court proceedings in any event – where all parties producing the documents in these proceedings consent to leave being granted Legislation Cited: Trustee Act 1925 (NSW) Cases Cited: Hancock v Rinehart [2015] NSWSC 646 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3 Rinehart v Rinehart [2015] NSWSC 1201 Wellness Pty Ltd v Hamilton-Bond [2002] NSWSC 1259 Category: Procedural and other rulings Parties: Bianca Hope Rinehart (First Plaintiff) John Langley Hancock (Second Plaintiff) Georgina Hope Rinehart (First Defendant) Hancock Prospecting Pty Ltd (Second Defendant) Representation: Counsel: C H Withers (Plaintiffs) B R McClintock SC (First Defendant) J C Giles SC with T O'Brien (Second Defendant)