1. Leave to appeal granted
2. Appeal dismissed with costs
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
1BATHURST CJ: For the reasons given in the judgment on the appeal brought by Gina Hope Rinehart and Ginia Hope Frances Rinehart, which was heard with the present appeal (Rinehart v Welker [2012] NSWCA 95) the appeal by Hancock Prospecting Pty Ltd (HPPL) against the orders of Brereton J of 22 December 2011 declining to order a stay of proceedings should, in my opinion, be dismissed with costs.
2MCCOLL JA: For the reasons I have given in Rinehart v Welker [2012] NSWCA 95, I agree with Bathurst CJ that the appeal should be dismissed.
3YOUNG JA: I agree with the Chief Justice.
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Decision last updated: 20 April 2012