Hancock v Rinehart [2013] NSWSC 1979

Hancock v Rinehart [2013] NSWSC 1979

Because the plaintiffs had withdrawn Bianca Rinehart as a proposed trustee, had complied with directions by nominating other candidates, and had confirmed before trial that only Mr Hancock and Mr Carter were proposed, it was reasonable for the second defendant not to have prepared to oppose Bianca Rinehart's appointment. Permitting her to be propounded at the commencement of trial would require an adjournment or deny the second defendant a proper opportunity to contest her suitability. That injustice outweighed the desirability of having all options before the Court, so leave was refused.

Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Interlocutory Application in Equity Division Corporations List Concerning Appointment of Replacement Trustee / At the Commencement of Trial, the Plaintiffs Sought to Propound the Second Plaintiff as a Candidate for Appointment as Replacement Trustee
Outcome
Leave refused
Legal Topics
['appointment of Replacement Trustee' 'case Management Directions' 'leave to Advance Late Proposal' 'opportunity to Contest Proposed Trustee' 'adjournment']
['trusts and Trustees' 'civil Procedure'] ['appointment of Replacement Trustee' 'case Management Directions' 'leave to Advance Late Proposal' 'opportunity to Contest Proposed Trustee' 'adjournment']

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Procedural Posture

Interlocutory Application in Equity Division Corporations List Concerning Appointment of Replacement Trustee / At the Commencement of Trial, the Plaintiffs Sought to Propound the Second Plaintiff as a Candidate for Appointment as Replacement Trustee

Legal Issues

  1. 1 ['Whether the plaintiffs should be permitted, after the deadline and at the commencement of trial, to propound the second plaintiff as a candidate for replacement trustee.' "Whether allowing the late proposal would unjustly deny the second defendant a proper opportunity to investigate and contest the second plaintiff's fitness and appropriateness as replacement trustee." 'How to balance the desirability of the Court having all realistic options for replacement trustee against procedural fairness to the second defendant.']

Ratio Decidendi

Because the plaintiffs had withdrawn Bianca Rinehart as a proposed trustee, had complied with directions by nominating other candidates, and had confirmed before trial that only Mr Hancock and Mr Carter were proposed, it was reasonable for the second defendant not to have prepared to oppose Bianca Rinehart's appointment. Permitting her to be propounded at the commencement of trial would require an adjournment or deny the second defendant a proper opportunity to contest her suitability. That injustice outweighed the desirability of having all options before the Court, so leave was refused.

Court Disposition

Leave refused

Orders

  • ['Decline to permit the plaintiffs to propound the second plaintiff as a candidate for replacement trustee.' 'Refuse to permit the second plaintiff to be propounded as a replacement trustee.']