Hancock v Rinehart (No 2) [2021] NSWSC 3

Hancock v Rinehart (No 2) [2021] NSWSC 3

Costs should follow the event for the discrete WA Access Application, with Gina to pay Bianca's costs, while each party bears its own costs of Bianca's amended notice of motion seeking delivery up and Gina's applications to stay or for dispensation regarding delivery up, reflecting the interconnected nature of the issues and partial success.

Parties
Second Plaintiff: John Langley Hancock; Third Plaintiff: Bianca Hope Rinehart; First Defendant: Gina Hope Rinehart; Second Defendant: Ginia Hope Frances Rinehart; Third Defendant: Hancock Prospecting Pty Ltd; Fourth Defendant: Hope Rinehart Welker
Jurisdiction
Australia
Judgment Date
06 January 2021
Procedural Posture
Interlocutory Motions in Equity Proceedings / Costs Determination Following Interlocutory Motions
Outcome
Costs orders made reflecting partial success and interconnected issues.
Legal Topics
Costs, Interlocutory Proceedings, Party/party Costs, Delivery Up of Documents, Stay of Orders
Equity Costs Interlocutory Proceedings Party/party Costs Delivery Up of Documents Stay of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Langley Hancock

Second Plaintiff

Bianca Hope Rinehart

Third Plaintiff

Gina Hope Rinehart

First Defendant

Ginia Hope Frances Rinehart

Second Defendant

Hancock Prospecting Pty Ltd

Third Defendant

Hope Rinehart Welker

Fourth Defendant

Procedural Posture

Interlocutory Motions in Equity Proceedings / Costs Determination Following Interlocutory Motions

Legal Issues

  1. 1 Appropriate costs orders following interlocutory motions
  2. 2 Whether costs should follow the event or be apportioned due to partial success
  3. 3 Classification of documents as Trust documents

Ratio Decidendi

Costs should follow the event for the discrete WA Access Application, with Gina to pay Bianca's costs, while each party bears its own costs of Bianca's amended notice of motion seeking delivery up and Gina's applications to stay or for dispensation regarding delivery up, reflecting the interconnected nature of the issues and partial success.

Court Disposition

Costs orders made reflecting partial success and interconnected issues.

Orders

  • Gina pay Bianca's costs of Gina's application to restrain the WA Access Application by Bianca, such costs to be on the ordinary basis.
  • Each party to bear its or her own costs of Bianca's amended notice of motion seeking delivery up of the Sceales Files and Bankruptcy Transcripts and of Gina's applications to stay the delivery up of those documents or for dispensation in relation thereto.