Gina Rinehart fails to keep battle secret

Australia’s richest person, Gina Rinehart, has lost her latest bid to keep secret the bitter battle over her family’s multibillion-dollar trust.

The NSW Court of Appeal on Friday upheld a decision refusing to stay the Supreme Court proceedings to have the case dealt with through confidential mediation.

Last September, John Hancock, Bianca Rinehart and Hope Welker launched the proceedings against their mother in a bid to oust her as trustee of the family trust.

They claim she acted with “gross dishonesty” and “deceitfully” in her dealings with the trust, set up in 1988 by her father Lang Hancock, with her children being the beneficiaries.

Ms Rinehart is supported by her youngest daughter, Ginia, in the battle.

She sought the stay on the basis that the parties signed a 2006 settlement deed requiring them to refer disputes “under” the settlement deed to confidential mediation and arbitration.

But in October, Justice Paul Brereton rejected her application, finding the three children’s claim was not a “dispute under this deed”.

Chief Justice Tom Bathurst and Justices Ruth McColl and Peter Young agreed and dismissed the appeal by Ms Rinehart, who is worth an estimated $17 billion.

They said more liberally construed words of an arbitration clause would govern more issues that arise out of an agreement.

They noted the phrase “under this deed” has consistently been given a narrower construction than phrases such as “arising out of the deed” or “in connection with the deed”.

Since the case was launched, Ms Rinehart has made various applications to keep it secret.

They culminated in March when the High Court refused to grant her leave to appeal a decision revoking suppression orders made in the case.

No date has been set for when the matter returns to the Supreme Court.

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