Hancock v Rinehart [2014] NSWSC 637

Hancock v Rinehart [2014] NSWSC 637

Given the imminence of hearing and the existence of new allegations relevant to the suitability of a proposed trustee, the interests of justice require an order for additional discovery to the plaintiffs and other defendants, rather than mere compliance with notices to produce; the fourth defendant's motion to set aside notices is dismissed.

Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Interlocutory Application / Pre Trial Directions and Orders for Additional Discovery
Outcome
Order for additional discovery made; motion of fourth defendant dismissed in part
Legal Topics
['discovery' 'notices to Produce' 'trustee Appointment']
['equity' 'civil Procedure'] ['discovery' 'notices to Produce' 'trustee Appointment']

Case Brief

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Procedural Posture

Interlocutory Application / Pre Trial Directions and Orders for Additional Discovery

Legal Issues

  1. 1 ['Whether notices to produce served by plaintiffs should be set aside as premature' 'Whether order for additional discovery relating to recent allegations against Bianca Rinehart should be made']

Ratio Decidendi

Given the imminence of hearing and the existence of new allegations relevant to the suitability of a proposed trustee, the interests of justice require an order for additional discovery to the plaintiffs and other defendants, rather than mere compliance with notices to produce; the fourth defendant's motion to set aside notices is dismissed.

Court Disposition

Order for additional discovery made; motion of fourth defendant dismissed in part

Orders

  • ['By 29 May 2014, the first, second, fourth and fifth defendants must give discovery to the plaintiffs and each other of all documents relevant to the allegations in letters from Corrs Chambers Westgarth dated 1 March and 4 April 2014 and from Gadens dated 17 April 2014.' "Paragraph 1 of the fourth defendant's...