Rinehart v Rinehart [2019] NSWSC 759

Supreme Court New South Wales

Medium Neutral Citation: Rinehart v Rinehart [2019] NSWSC 759 Hearing dates: 20 May 2019 Decision date: 21 June 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Set aside the subpoena issued by the plaintiff on 18 October 2018 to the Proper Officer of the Commonwealth Bank of Australia. (2) Set aside the notice to produce issued by the plaintiff on 18 October 2018 to the second defendant. (3) Order the plaintiff to pay the costs of the respective applications by each of the first defendant and CEF Pty Ltd to set aside the subpoena addressed to the Proper Officer of the Commonwealth Bank of Australia as well as the costs of the application by the second defendant to set aside the notice to produce served on it. Catchwords: CIVIL PROCEDURE – Subpoenas – Notice to Produce – legitimate forensic purpose – whether fishing expedition – whether abuse of process Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58 Commercial Arbitration Act 2010 (NSW) Corporations Act 2001 (Cth), ss 79, 237, 247A Uniform Civil Procedure Rules 2005 (NSW), r 34.1 Cases Cited: Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1952) 72 WN (NSW) 250 Bianca Hope Rinehart as trustee of The Hope Margaret Hancock Trust [2017] NSWSC 282 Brimaud v Honeysett Instant Print Pty Ltd (unreported, Supreme Court of NSW, 19 September 1998) Frazer v Macquarie Airports Management Ltd [2009] NSWSC 1057 Howell v O 'Brien [2009] NSWSC 538 In the matter of Combined Projects (Arncliffe) Pty Ltd [2018] NSWSC 649 Kazal v Independent Commission Against Corruption [2018] NSWSC 1370 Lowery v Insurance Australia Limited [2015] NSWCA 303 NSW Commissioner of Police v Tuxford [2002] NSWCA 139 Rinehart v Hancock Prospecting Pty Ltd [2019] HCA 13 Rinehart v Rinehart [2015] NSWSC 205 Rinehart v Rinehart [2018] NSWSC 1102 Rippon v Chilcotin Pty Ltd (2001) 53 NSWLR 198; [2001] NSWCA 142 Trade Practices Commission v CC (NSW) Pty Ltd (No 4) (1995) 58 FCR 426 Tyco Australia Pty Ltd v Leighton Contractors Pty Ltd (2005) 142 FCR 428; [2005] FCAFC 115 Vella v Minister for Immigration and Border Protection [2014] FCA 1177 Waind v Hill and National Employers' Mutual General Association Ltd [1978] 1 NSWLR 372 Yara Australia Pty Ltd v Burrup Holdings Limited [2010] FCA 1273 Yes Family Pty Ltd v Sphere Healthcare Pty Ltd [2016] NSWSC 393 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) CEF Pty Ltd (Applicant on Motion) Representation: Counsel: D Thomas SC with D Hume (Plaintiff) C Bova with J Burnett (First, Third and Fourth Defendants) J Giles SC with J Kennedy (Second Defendant) T Duggan QC with M Davis (CEF Pty Limited)