Bianca Hope Rinehart trading as trustee of the Hope Margaret Hancock Trust v n/a [2017] NSWSC 282

Supreme Court New South Wales

Medium Neutral Citation: Bianca Hope Rinehart trading as trustee of the Hope Margaret Hancock Trust v n/a [2017] NSWSC 282 Hearing dates: 2 March 2017 Date of orders: 15 March 2017 Decision date: 22 March 2017 Jurisdiction: Equity Before: Rein J Decision: See [33] Catchwords: JUDICIAL ADVICE – whether matter appropriate for advice – whether this Court is the appropriate forum for such advice – consideration of the approach to be taken to giving advice to a trustee in respect of (1) defending current proceedings; and (2) commencing new proceedings – whether applicant has complied with previous undertakings to the Court in relation to the commencement of proceedings. Legislation Cited: Trustee Act 1925 (NSW) Trustees Act 1962 (WA) Corporations Act 2001 (Cth) Commercial Arbitration Act 2010 (NSW) Cases Cited: Hancock v Rinehart [2015] NSWSC 646; (2015) 106 ACSR 207 Welker & Ors v Rinehart & Anor (No. 2) [2011] NSWSC 1238 Rinehart v Welker [2012] NSWCA 95 Rinehart v Rinehart (No 3) [2016] FCA 539 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Glassock v the Trust Company (Australia) Pty Ltd [2012] QSC 15 Re Atkinson (deceased) [1971] VR 612 Robert Peter Campbell ATF the Joan Macpherson Trust and the Banandra Pastoral Settlement Trust [2016] NSWSC 1751 Castle Hill Joinery and Interiors Pty Ltd (as trustee of Gladstone-Road Trust) [2013] NSWSC 1525 Re Lemon Tree Passage & Districts RSL And Citizens Club Co-Operative Ltd (1987) 11 ACLR 796 Re Brogden (1888) 38 Ch D 546 Young v Murphy [1996] 1 VR 279 Hancock v Rinehart [2016] NSWSC 11 Rinehart & Anor v Rinehart & Anor [2015] NSWSC 1201 Category: Principal judgment Parties: Bianca Hope Rinehart trading as trustee of the Hope Margaret Hancock Trust (Applicant) Representation: Counsel: Mr CH Withers & Mr P Gaffney (Applicant)