Rinehart v Rinehart [2020] NSWCA 221

Rinehart v Rinehart [2020] NSWCA 221

Orders for indemnification and interim payment of production costs were interlocutory, not final, as expressly subject to further order. The court had power to make interim orders facilitating document production pending any final determination of entitlement or disentitlement to indemnity. The applicant had no right of appeal against interlocutory orders and leave to appeal was refused as the orders were a proper exercise of case management for working out previous orders.

Jurisdiction
Australia
Judgment Date
22 September 2020
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Orders
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
['trustee Indemnity' 'interim Orders' 'delivery of Trust Documents' 'case Management' 'working Out Orders']
['trusts Law' 'equity' 'civil Procedure'] ['trustee Indemnity' 'interim Orders' 'delivery of Trust Documents' 'case Management' 'working Out Orders']

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Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Orders

Legal Issues

  1. 1 ['Whether challenged orders for trustee indemnity are final or interlocutory' 'Whether a former trustee is entitled to an indemnity for costs incurred after ceasing office' 'Power to require indemnification on an interim basis' 'Case management regime for document production' 'Disentitlement to indemnity due to alleged trustee misconduct']

Ratio Decidendi

Orders for indemnification and interim payment of production costs were interlocutory, not final, as expressly subject to further order. The court had power to make interim orders facilitating document production pending any final determination of entitlement or disentitlement to indemnity. The applicant had no right of appeal against interlocutory orders and leave to appeal was refused as the orders were a proper exercise of case management for working out previous orders.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • ['Notice of Appeal filed on 19 December 2019 dismissed' 'Summons seeking leave to appeal filed on 1 May 2020 dismissed' "Order Bianca Rinehart to pay Gina Rinehart's costs of these appeal proceedings"]