Rinehart v Rinehart [2019] NSWCA 54

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rinehart v Rinehart [2019] NSWCA 54 Hearing dates: 20 March 2019 Date of orders: 27 March 2019 Decision date: 27 March 2019 Before: Basten JA; Simpson AJA Decision: (1) Dismiss the applicant's summons seeking leave to appeal from the orders made in the Equity Division on 5 November 2018.

(2) Direct that the cross-applicants' cross-summons seeking leave to cross-appeal be treated as an application for leave to appeal and dispense with the filing and service of any further notices.

(3) Dismiss the application by the cross-applicants for leave to appeal.

(4) Order that the applicant pay the first and second respondents' costs of her application for leave to appeal.

(5) Order that the cross-applicants pay the first and second cross-respondents' costs of their application for leave to appeal. Catchwords: CIVIL PROCEDURE – leave to appeal – interlocutory orders – orders working out orders in principal judgment – whether parties should be left to exercise of liberty to apply – form of orders dependent on circumstances of case – effect of orders explained in reasons

TRUSTS – trust documents – right of incoming trustee to delivery up of trust documents by outgoing trustee – documents held by third parties – nature of property in documents Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 51.11, 51.17 Cases Cited: Breen v Williams (1996) 186 CLR 71; [1996] HCA 57 Derrawee Pastoral Company Pty Ltd v McConochie [1995] NSWCA 123 Hancock v Rinehart (Freehills subpoena) [2017] NSWSC 530 Hancock v Rinehart [2015] NSWSC 646; (2015) 13 ASTLR 1 Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405 In the matter of the Bird Charitable Trust (2012) (1) JLR 62 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd; Walker Corporation Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Kara Kar Holdings Pty Ltd v Brookton Holdings [1997] NSWCA 171 Re Londonderry's Settlement [1965] Ch 918 Tiger v Barclays Bank Ltd [1952] 1 All ER 85 Tomko v Palasty [No 2] (2007) 71 NSWLR 61; [2007] NSWCA 369 Trad v Harbour Radio Pty Ltd [2017] NSWCA 64 Yanner v Eaton (1999) 201 CLR 351; [1999] HCA 53 Texts Cited: D Ong, Trusts Law in Australia (5th ed, 2018, The Federation Press) J D Heydon and M J Leeming, Jacobs Law of Trusts in Australia (8th ed, 2016, LexisNexis) K Gray, "Property in Thin Air" (1991) 50 Camb LJ 252 Lewin on Trusts (18th ed, 2012, Sweet & Maxwell) and (19th ed, 2015) Waters' Law of Trusts in Canada (4th ed, 2012, Carswell) Category: Procedural and other rulings Parties: Gina Hope Rinehart (Applicant and Third Cross-Respondent) Bianca Hope Rinehart (First Respondent in both matters) John Langley Hancock (Second Respondent in both matters) Hancock Prospecting Pty Ltd (Third Respondent and First Cross-Applicant) Hope Downs Iron Ore Pty Ltd (Fourth Respondent and Second Cross-Applicant) Representation: Counsel: