Rinehart v Hancock Prospecting Pty LtdRinehart v RinehartCitation:[2019] HCA 13Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:08 May 2019Case Number:S143/2018, S144/2018Read more

Rinehart v Hancock Prospecting Pty LtdRinehart v RinehartCitation:[2019] HCA 13Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:08 May 2019Case Number:S143/2018, S144/2018Read more

Validity claims challenging the deeds are subject to the arbitral clause, and third party companies claiming through or under a party to the arbitration agreement may be referred to arbitration under the Act.

Parties
Applicant: Appellants; Respondent: Respondents
Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Dispute Resolution Clause, Arbitration Agreement, Validity of Deeds, Privity of Contract
Contract Law Arbitration Dispute Resolution Clause Arbitration Agreement Validity of Deeds Privity of Contract

Case Brief

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Parties

Appellants

Applicant

Respondents

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether validity claims are subject to the arbitral clause in the deeds
  2. 2 Whether third party companies are 'claiming through or under' a party to the arbitration agreement under s 2(1) of the Commercial Arbitration Act 2010 (NSW)

Ratio Decidendi

Validity claims challenging the deeds are subject to the arbitral clause, and third party companies claiming through or under a party to the arbitration agreement may be referred to arbitration under the Act.

Court Disposition

Appeal dismissed

Orders

  • Proceedings referred to arbitration
  • Proceedings before the court dismissed or permanently stayed