Rinehart v Rinehart (No 2) [2020] NSWSC 235

Supreme Court New South Wales

Medium Neutral Citation: Rinehart v Rinehart (No 2) [2020] NSWSC 235 Hearing dates: On the papers Decision date: 23 March 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: In proceedings 2017/86718 1. Subject to further order, pursuant to s 8(1)(a) and (e) of the Court Suppression and Non-publication Orders Act 2010 (NSW), order that paragraphs 14 to 17 of the affidavit sworn 28 February 2020 by Timothy Ignatius L'Estrange be kept confidential and not be made available nor disclosed to any person other than the legal representatives of the parties in connection with this proceeding anywhere in the Commonwealth for a period of five years. 2. Pursuant to s 26 of the Civil Procedure Act 2005 (NSW), order the parties to mediation, such mediation to take place within three months of the making of these orders. 3. Order that the costs of the mediation (namely, the fees and disbursements of the mediator or mediators and any venue, equipment, or related service costs) are to be dealt with in accordance with order 2 of the orders made today in proceedings 2011/285907. 4. Direct the parties to seek to agree on (and jointly to appoint) a mediator or mediators for the purposes of the said mediation within one month of the making of these orders and direct the parties to notify the associate to Ward CJ in Eq by 17 April 2020 of the agreed identity of the said mediator(s) or, failing agreement, their proposed choice of mediator(s) (in which case Ward CJ in Eq will nominate the mediator(s) to be appointed). 5. Direct the parties, within seven days of the conclusion of the mediation, the parties are to inform the associate to Ward CJ in Eq as to whether settlement has been reached at the mediation and of any orders sought to be made in relation to the proceedings in that regard. 6. Liberty to the parties to apply to the associate to Ward CJ in Eq on three days' notice. 7. Order Bianca Hope Rinehart, as trustee for the Hope Margaret Hancock Trust, to pay the costs of the defendants of, and incidental to, the second defendant's amended notice of motion dated 15 July 2019 and filed on 16 July 2019, and the first defendant's amended notice of motion dated 26 June 2019 (including the hearings of 23 May 2017, 27-28 August 2018, and 15-19, 23 and 25 July 2019), such costs to be paid on an indemnity basis and to be payable forthwith. 8. Order Bianca Hope Rinehart, as trustee for the Hope Margaret Hancock Trust, to pay the costs of the first defendant (on the ordinary basis and payable forthwith) of the hearings to set aside subpoenas issued by Bianca Hope Rinehart in these proceedings to the Institute of Public Affairs, CEF Pty Ltd and the Hon Barnaby Joyce MP (see Rinehart v Rinehart [2018] NSWSC 1102). 9. Order that the existing costs orders made in favour of the second defendant in respect of its application to set aside a notice to produce issued to it by Bianca Hope Rinehart, as trustee for the Hope Margaret Hancock Trust (see Rinehart v Rinehart [2019] NSWSC 759) be varied such that the costs be payable forthwith.