That may be true. The applicants complain that the use or deployment of these deeds has been to seek to place financial pressure on Ms Rinehart and Mr Hancock, to prevent the litigation being public, to prevent the beneficiaries seeking redress and to harass, threaten and intimidate. HANCOCK PROSPECTING PTY LTD V RINEHART  FCAFC 170 . In the alternative to order 4, an order that RHIO pay equitable compensation to the Applicants for their loss of opportunity to earn profits from the exploitation of the Roy Hill Tenements. It is plain that the phrase “a matter” cannot have the full connotation of the phrase in the Constitutional sense: Tanning Research at 351. Whether the latter course is adopted may in many cases depend heavily on the extent to which the resolution of that issue will involve findings of fact which impact on substantive rights and obligations of the parties which are already in issue and whether in general the trial can be confined to a relatively circumscribed area of investigation or is likely to extend widely over the substantive matters in dispute between the parties. Such questions of characterisation rarely involve the existence of mutually exclusive categories. We set out below the orders that we presently consider should be made. This is not a separate dispute; it is part of the one controversy. Doing so recognises that if a whole dispute involves not only the defence to a claim, but also the attack on the availability of the defence (viewed as a matter of substance) then that part of the agreement expressed as “under the deed” cannot be limited to disputes (really parts of the dispute) governed or controlled by the operation of the deed itself. In my view, the approach in Robotunits is consistent with the approach articulated in Berezovsky, which I respectfully consider to be correct for the reasons given by Aitkens LJ. Her Honour explained at  that: The applicants submitted that the primary judge was wrong in respect of her conclusions about the meaning of the phrase “commercial arbitration” and that she was also wrong in holding that it is not necessary to prove the existence, in addition, of a “commercial relationship” between the parties to the dispute. A new loan agreement was entered in November 2007 between Mr Hancock and HPPL.  In approaching the question of construction, it is therefore necessary to inquire into the purpose of the arbitration clause. The recitals and relevant clauses were set out by the primary judge at - of the reasons. The “serious and substantial differences” that had arisen between Mr Hancock and the Hancock Group are not identified in the 2005 deed of obligation and release. Just as the relevant prepositional phrase (“under the deed”) should be read liberally, so should any other relevant part of the arbitration agreement if to do otherwise would overly refine and narrow the coverage of the agreement over the parties’ disagreements. Slade LJ held (page 76) that the phrase “disputes arising under a contract” was not wide enough to include disputes which do not concern obligations created by or incorporated in that contract. Questions of characterisation are not questions of definition. (It is necessary to read - in conjunction with  to recognise that all these types of claims were found by her Honour to be capable of falling within the proviso.). 296. The ownership and control of the Nicholas Downs Tenement is dealt with at paras 243 to 259 of the statement of claim.
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