Rinehart atf The Hope Margaret Hancock Trust v Rinehart [2017] NSWSC 803

Supreme Court New South Wales

Medium Neutral Citation: Rinehart atf The Hope Margaret Hancock Trust v Rinehart [2017] NSWSC 803 Hearing dates: 23 May 2017 Decision date: 22 June 2017 Jurisdiction: Common Law Before: Ward CJ in Eq Decision: 1. Stay the hearing of the four interlocutory applications presently on foot in this proceeding (namely those filed by the second defendant on 21 April 2017, by the plaintiff on 27 April and 12 May 2017, and by the first defendant on 11 May 2017) pending the determination by the Full Court of the Federal Court of the applications for leave to appeal/cross-appeal (and appeal/cross-appeal if leave be granted) from the orders made in Rinehart v Rinehart (No 3) (2016) 337 ALR 174; [2016] FCA 539. 2. Stand the matter over for further directions before me at 9.30am on 16 August 2017. 3. The parties have liberty to apply on 3 days' notice. 4. Costs reserved. Catchwords: PRACTICE AND PROCEDURE – motions, interlocutory applications and other pre-trial matters – parties in dispute as to order in which four notices of motion should be heard – whether hearing of applications should be stayed pending determination by Full Court of Federal Court of appeal/cross-appeal proceeding in which issues germane to one or more of the interlocutory applications in this court have been raised Legislation Cited: Civil Procedure Act 2005 (NSW) Commercial Arbitration Act 2010 (NSW), s 8 Commercial Arbitration Act 2012 (WA), s 8 Corporations Act 2001 (Cth), ss 237, 247A Cases Cited: Bianca Hope Rinehart as trustee of The Hope Margaret Hancock Trust [2017] NSWSC 282 Commonwealth of Australia v Cockatoo Dockyard Pty Ltd [2003] NSWCA 192 Hancock Prospecting Pty Ltd v 150 Investments Pty Ltd [2017] FCA 520 Hancock v Rinehart (2015) 106 ACSR 207; [2015] NSWSC 646 Re a company [1994] 2 BCLC 146 Rinehart v Rinehart (No 3) (2016) 337 ALR 174; [2016] FCA 539 Rinehart v Welker [2012] NSWCA 95 Union Steamship Company of New Zealand Ltd v Ship "Caradale" (1937) 56 CLR 277; [1937] HCA 1 Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [No 8] [2016] WASC 361 Young v Murphy [1996] 1 VR 279 Category: Procedural and other rulings Parties: Bianca Hope Rinehart as trustee for The Hope Margaret Hancock Trust (Plaintiff) Georgina Hope Rinehart (First Defendant) Hancock Prospecting Pty Ltd (Second Defendant) Tadeusz Watroba (Third Defendant) Jay Elliot Newby (Fourth Defendant) Representation: Counsel: CH Withers with PR Gaffney (Plaintiff) SG Finch SC with CN Bova (1st, 3rd and 4th Defendants) JC Giles SC with C Colquhoun (2nd Defendant)