Rinehart v Rinehart (No 3) [2016] NSWSC 1645

Rinehart v Rinehart (No 3) [2016] NSWSC 1645

Special circumstances justified relieving the first plaintiff from the implied undertaking because the discovered documents, especially those concerning the dividends in question, were likely to be relevant to and in any event discoverable in the Federal Court proceedings, and all parties, including Hancock Prospecting Pty Ltd as the producer of the documents and applicant in the Federal Court proceedings, consented to the release on agreed terms.

Jurisdiction
Australia
Judgment Date
17 November 2016
Procedural Posture
Practice and Procedure; Preliminary Discovery; Application for Leave to Use Discovered Documents / Ex Tempore Judgment on Plaintiffs' Motion Filed 8 August 2016
Outcome
Plaintiffs granted leave to use discovered documents as set out in the orders.
Legal Topics
['implied Undertaking as to Discovered Documents' 'preliminary Discovery' 'judicial Advice for Trustee' 'use of Discovered Documents in Related Federal Court Proceedings' 'special Circumstances for Release From Undertaking']
['practice and Procedure' 'equity' 'trusts'] ['implied Undertaking as to Discovered Documents' 'preliminary Discovery' 'judicial Advice for Trustee' 'use of Discovered Documents in Related Federal Court Proceedings' 'special Circumstances for Release From Undertaking']

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Procedural Posture

Practice and Procedure; Preliminary Discovery; Application for Leave to Use Discovered Documents / Ex Tempore Judgment on Plaintiffs' Motion Filed 8 August 2016

Legal Issues

  1. 1 ['Whether the first plaintiff should be relieved from the implied undertaking to use documents disclosed in these proceedings only for the purpose of these proceedings.' 'Whether special circumstances or good reason justified leave to use the discovered documents for trustee purposes connected with Federal Court proceedings and possible claims about alleged underpayment of dividends.']

Ratio Decidendi

Special circumstances justified relieving the first plaintiff from the implied undertaking because the discovered documents, especially those concerning the dividends in question, were likely to be relevant to and in any event discoverable in the Federal Court proceedings, and all parties, including Hancock Prospecting Pty Ltd as the producer of the documents and applicant in the Federal Court proceedings, consented to the release on agreed terms.

Court Disposition

Plaintiffs granted leave to use discovered documents as set out in the orders.

Orders

  • ['The first plaintiff be permitted to use the documents discovered by the defendants in these proceedings for the following purposes in her capacity as trustee of the Hope Margaret Hancock Trust: considering whether to defend Federal Court of Australia proceeding NSD 1625 of 2016 commenced by the second defendant in...