Rinehart & Anor v Rinehart & Anor [2015] NSWSC 1201 — Parties To Suits & Corporations — Barrister AI

Rinehart & Anor v Rinehart & Anor

[2015] NSWSC 1201

Supreme Court of NSW

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Interrogate

Catchwords

1. Trusts and Trustees
2. › parties to suits
3. › current trustee gave an undertaking not to commence proceedings on behalf of the trust
4. › whether proceedings by a beneficiary against a former trustee would be brought on behalf of the trust
5. › whether necessary to show ‘special circumstances’
6. › whether plaintiffs might be entitled to bring proceedings against a third party
7. › held that the beneficiaries could have standing in their own right to bring proceedings against the former trustee and a third party
1. Corporations
2. › constitutions and articles of association
3. › amendment to constitution
4. › doctrine of unanimous assent
5. › whether members may vary the company’s constitution by a course of dealing despite the formal requirements for amendment not being met
6. › whether the Duomatic principle applies to variations of substantive rights
7. › held that the plaintiffs could not rely on the Duomatic principle in support of their claim for preliminary discovery

Case Details

Citation[2015] NSWSC 1201

CourtNSWSC

JurisdictionNew South Wales

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Cited by8

2025Silva Fortune Pty Ltd v Nuvei Global Merchant Services Pty LtdNSWSC 699
2024Muscat v QinNSWSC 113
2022B & J Hudghton Investments Pty Ltd as trustee for the B & JNSWSC 830
2018Rinehart v RinehartNSWSC 1102
and 4 more after sign-in

Relies on22

2015Hancock v RinehartNSWSC 646
2015Bianca Hope Rinehart v Georgina Hope RinehartNSWSC 205
2014Wambo Coal Pty Ltd v Sumiseki Materials Co LtdNSWCA 326
2014Mount Bruce Mining Pty Ltd v Wright Prospecting Pty LtdNSWCA 323
and 18 more after sign-in

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