Hancock v Rinehart [2014] NSWSC 844

Hancock v Rinehart [2014] NSWSC 844

The documents were admissible because they were relevant to issues concerning the suitability and independence of proposed replacement trustees. The circumstances said to have provoked Bianca Rinehart's litigation could bear on criticism of her impartiality, and the first defendant's alleged conduct could bear on the likelihood, nature and degree of pressure or influence to which managing trustees might be exposed. Because the material was otherwise relevant, s 97 did not have to be satisfied merely to permit its use also as tendency evidence, and the earlier correspondence and notices gave ample practical notice of that proposed use.

Jurisdiction
Australia
Judgment Date
24 June 2014
Procedural Posture
Procedural and Other Ruling; Evidence Admissibility Ruling / Hearing of Objection to Tender of Documents
Outcome
The tender is admissible.
Legal Topics
['relevance' 'tendency Evidence' 'admissibility of Documents' 'replacement Trustee' 'independence of Trustee']
['evidence' 'trusts'] ['relevance' 'tendency Evidence' 'admissibility of Documents' 'replacement Trustee' 'independence of Trustee']

Case Brief

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Procedural Posture

Procedural and Other Ruling; Evidence Admissibility Ruling / Hearing of Objection to Tender of Documents

Legal Issues

  1. 1 ['Whether documents relating to events in and about September 2011 concerning alleged breaches of trust by the first defendant were relevant and admissible after the first defendant had offered to retire as trustee.' "Whether the documents were relevant to the second plaintiff's impartiality or fortitude as a proposed trustee." 'Whether the documents were relevant to the likelihood and extent of pressure or influence that proposed managing trustees might face from the first defendant.' 'Whether compliance with Evidence Act 1995 s 97 was required if the material could also be used as tendency evidence.']

Ratio Decidendi

The documents were admissible because they were relevant to issues concerning the suitability and independence of proposed replacement trustees. The circumstances said to have provoked Bianca Rinehart's litigation could bear on criticism of her impartiality, and the first defendant's alleged conduct could bear on the likelihood, nature and degree of pressure or influence to which managing trustees might be exposed. Because the material was otherwise relevant, s 97 did not have to be satisfied merely to permit its use also as tendency evidence, and the earlier correspondence and notices gave ample practical notice of that proposed use.

Court Disposition

The tender is admissible.

Orders

  • ['In principle, and subject to any particular objection to any individual document concerned, the class of documents under objection is admissible and admitted.']