Hancock v Rinehart (Trust documents) [2018] NSWSC 1684

Hancock v Rinehart (Trust documents) [2018] NSWSC 1684

The term 'documents of the Trust' for the purposes of delivery up by an outgoing trustee encompasses all documents received or held in the trustee's capacity (even if also held in another capacity) and used in the administration of the Trust, including documents of deliberation, communications with beneficiaries regarding administration, documents jointly held with other entities, electronic records, and legal/accounting advice pertaining to trust administration. Documents may only be withheld if they fall outside this scope or are privileged in the trustee's personal capacity (e.g., solely for defending actual or contemplated beneficiary claims). Where a trustee has misconceived the...

Parties
First Plaintiff: John Langley Hancock; Second Plaintiff: Bianca Hope Rinehart; First Defendant: Gina Hope Rinehart; Second Defendant: Ginia Hope Frances Rinehart; Third Defendant: Hope Rinehart Welker; Fourth Defendant: Hancock Prospecting Pty Ltd; Fifth Defendant: Hope Downs Iron Ore Pty Ltd
Jurisdiction
Australia
Judgment Date
05 November 2018
Procedural Posture
Equity Trusts and Trustees / Post Judgment Consequential Orders
Outcome
Orders made as specified in the judgment; first defendant required to verify compliance with the delivery up order and pay plaintiffs' costs.
Legal Topics
Trust Documents, Delivery Up Orders, Legal Professional Privilege, Successor Trustee Obligations, Confidentiality, Verification of Compliance
Equity Trusts and Trustees Evidence Trust Documents Delivery Up Orders Legal Professional Privilege Successor Trustee Obligations Confidentiality +1 more

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Parties

John Langley Hancock

First Plaintiff

Bianca Hope Rinehart

Second Plaintiff

Gina Hope Rinehart

First Defendant

Ginia Hope Frances Rinehart

Second Defendant

Hope Rinehart Welker

Third Defendant

Hancock Prospecting Pty Ltd

Fourth Defendant

Hope Downs Iron Ore Pty Ltd

Fifth Defendant

Procedural Posture

Equity Trusts and Trustees / Post Judgment Consequential Orders

Legal Issues

  1. 1 What constitutes 'documents of the trust' liable to be delivered up by an outgoing trustee to a new trustee?
  2. 2 Whether the obligation covers trustee deliberations, communications with beneficiaries, or privileged/confidential documents?
  3. 3 Whether the outgoing trustee complied with the May 2015 delivery up order?

Ratio Decidendi

The term 'documents of the Trust' for the purposes of delivery up by an outgoing trustee encompasses all documents received or held in the trustee's capacity (even if also held in another capacity) and used in the administration of the Trust, including documents of deliberation, communications with beneficiaries regarding administration, documents jointly held with other entities, electronic records, and legal/accounting advice pertaining to trust administration. Documents may only be withheld if they fall outside this scope or are privileged in the trustee's personal capacity (e.g., solely for defending actual or contemplated beneficiary claims). Where a trustee has misconceived the...

Court Disposition

Orders made as specified in the judgment; first defendant required to verify compliance with the delivery up order and pay plaintiffs' costs.

Orders

  • By 5 December 2018, the first defendant is to file and serve an affidavit verifying, with all reasonable inquiries and searches, the delivery up or provision to the second plaintiff of all documents of the Trust in her possession, custody, or power, including those clarified in this judgment, and stating any...
  • The first defendant to procure that any third party likely to possess documents of the Trust deliver up such documents to the second plaintiff, provide direction and copies of responses to same by 5 December 2018.