Australia iron ore magnate Rinehart weakened by court ruling

Order comes after a long-running legal battle

Gina Rinehart
Reuters Sydney
Last Updated : May 28 2015 | 3:06 PM IST
Australian iron ore magnate Gina Rinehart's eldest daughter won control of the $3 billion dollar family trust on Thursday in a judgment critical of Rinehart's former control of the fund and attempts to block the long-running legal dispute.

The Supreme Court of New South Wales judgment loosens Rinehart's legendary grip on her business empire, with almost 25% of Hancock Prospecting Pty Ltd held by the trust.

Rinehart owns the remainder of the family firm, which in turn owns 70% of Roy Hill, a Pilbara-based iron ore mine due to start shipments later this year.

South Korea's POSCO, Japan's Marubeni Corp and Taiwan's China Steel Corp also have stakes in the mine, which will be Australia's fourth-largest when it reaches full production.

Three of Rinehart's four children - eldest Bianca Rinehart, Hope Welker and John Hancock - sued for control of the trust in 2011.

They alleged their mother acted with "gross dishonesty" as trustee, when she pushed out its vesting date until 2068, meaning all four children would not get their shares until they were in their 80s and 90s.

The dispute over the trust contributed to delays in setting up funding for Roy Hill and legal experts said Thursday's ruling allows the children to press their rights as minority shareholders and seek more power via the courts.

In a 160-page judgment, Judge Paul Brereton said Rinehart "manipulated" global accountancy firm PricewaterhouseCoopers into providing advice contrary to the best interests of the children.

Brereton also said that some of Rinehart's repeated attempts to deter her children from prosecuting the case "closely approach intimidation".

"It is true that there are many who, in the emotional and

personal context of family relations, act in a manner in which they would never think to act in a commercial transaction," Brereton said.

"On the other hand, it might be asked, if Mrs Rinehart was prepared to act as she did towards her children, how much further might she be prepared to go in the case of unrelated corporate entities."

Bianca and her brother John Hancock launched legal action in 2011. The youngest daughter Ginia has sided with her mother, while daughter Hope Welker pulled out of the dispute.

The case laid bare the family's testy relationship even as its fortunes fell along with the iron ore price. Rinehart relinquished her role as trustee in late 2013, but the case rumbled on as the family could not agree on a successor.

"There were huge efforts to put pressure on us, it has been enormously stressful," John Hancock told Reuters.

In a short statement, Hancock Prospecting noted that the trustee will be required to consult with all beneficiaries and get the advice of the court.

POSCO, PwC and China Steel declined to comment, while Marubeni could not immediately be reached.

The trust has shrunk by around $2 billion in value since the children began the case, while Rinehart's own fortune has fallen to around $12.2 billion from $17.4 billion in 2014, according to Forbes.
*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: May 28 2015 | 2:08 PM IST

Next Story