Hancock v Rinehart [2013] NSWSC 1978

Hancock v Rinehart [2013] NSWSC 1978

It would be unreasonable for Hancock Prospecting Pty Ltd to maintain privilege over documents 1-49 in the verified list, given the plea of corporate purpose/state of mind. Plaintiffs' requests for production of inter-creditor deed and new facility agreement are refused as no pleaded issue supports discovery. Confidentiality regime over the redacted Hope Downs Joint Venture Agreement is discharged as no justification exists for continued confidentiality when tendered in court evidence.

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
09 October 2013
Procedural Posture
Interlocutory Application / Ruling on Notice of Motion and Confidentiality Orders
Outcome
Orders for disclosure of privileged documents made as per notice of motion; refusal of further production and discharge of confidentiality regime.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Discovery, Confidentiality Regime
Corporations Law Equity Legal Professional Privilege Waiver of Privilege Discovery Confidentiality Regime

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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

Interlocutory Application / Ruling on Notice of Motion and Confidentiality Orders

Legal Issues

  1. 1 Whether privilege in documents claimed by Hancock Prospecting Pty Ltd (HPPL) has been waived through pleading state of mind.
  2. 2 Whether the first defendant has waived HPPL's privilege through her own pleadings.
  3. 3 Whether there has been waiver by selective deployment of legal advice.

Ratio Decidendi

It would be unreasonable for Hancock Prospecting Pty Ltd to maintain privilege over documents 1-49 in the verified list, given the plea of corporate purpose/state of mind. Plaintiffs' requests for production of inter-creditor deed and new facility agreement are refused as no pleaded issue supports discovery. Confidentiality regime over the redacted Hope Downs Joint Venture Agreement is discharged as no justification exists for continued confidentiality when tendered in court evidence.

Court Disposition

Orders for disclosure of privileged documents made as per notice of motion; refusal of further production and discharge of confidentiality regime.

Orders

  • Order that fourth defendant provide access to documents 1-49 in verified list where privilege was previously claimed.
  • Order refusing production of Hope Downs Inter-Creditor Deed and new facility agreement sought in motion.