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Ms Rinehart has no right to suppression order - NSW Court of Appeal
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Tuesday, 24 Jan 2012
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The NSW Court of Appeal has found that billionaire iron ore heiress Ms Gina Rinehart has no right to suppress the details of her family trust battle.

The judges acknowledged that disclosing information on the case could be embarrassing for Ms Rinehart but it would not expose her to any financial loss.

The judges published their reasons for last week's ruling against Australia's richest woman. They found a stay on the decision overturning suppression orders on details of the case taken by three of Ms Rinehart's children should not be granted.

But they ordered it to stay in place until February 3, partly because the matter was heard over the holidays when some of the parties' lawyers were unavailable.

Chief Justice Mr Tom Bathurst, Justice Mr Ruth McColl and Justice Ms Margaret Beazley said that "There is no evidence that publication of the matters, the subject of the suppression order, would expose either of the applicants to any financial loss. Although we accept that the disclosure of the information may be embarrassing to Ms Rinehart."

Lawyers for Ms Rinehart and her daughter Ms Ginia have filed an application for special leave to appeal the December 19th 2011on overturning the suppression orders to the High Court.

The judges said they had considered each of the special leave applications and the draft summary of argument. They added that "We have reached the view that the applicants do not have substantial prospects of obtaining special leave to appeal. Quite apart from our view as to the prospects of success, there is no right to a suppression order as such."

The proceedings against the iron ore heiress have been brought by her children Mr Hope Rinehart Welker, Mr John Langley Hancock and Ms Bianca Hope Rinehart.

Ms Gina Rinehart is the only child of the late mining magnate Mr Lang Hancock. Her fortune is thought to be about AUD 10 billion. Three of her children are trying to oust her as trustee of the multi billion dollar family trust, set up by Mr Hancock before he died, of which they are beneficiaries.

Another daughter and beneficiary, Ms Ginia Hope Frances Rinehart, has joined with her mother in the dispute. When the three children brought the proceedings against Ms Rinehart in the NSW Supreme Court, she tried unsuccessfully to have them stayed on the basis of the deed's clause about confidential mediation and arbitration.

Ms Rinehart is appealing the Supreme Court ruling and her challenge will be heard on February 8th 2012.

(Sourced from AAP)

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