Baker and Green and Kettle (No. 3)

In proceedings before O'Reilly J, the court considered applications involving Mr Kettle, Ms Baker, and Ms Green. The central dispute concerned the sale of properties to satisfy various financial obligations, including substantial sums owed to X Lawyers, which were intended for child support for Ms Baker and Ms Green's children, as well as numerous costs orders against Mr Kettle. The court's primary concern was to facilitate the orderly sale of specified properties and the distribution of the proceeds to meet these outstanding debts.

The legal issues before the court were to determine the appropriate mechanism for the sale of Mr Kettle's properties, the order of priority for the distribution of sale proceeds, and the specific amounts and recipients of those proceeds. This included clarifying the payment of sums to X Lawyers for child support, the satisfaction of various costs orders made against Mr Kettle in prior proceedings, and the ultimate disposition of any remaining balance. The court also had to consider Mr Kettle's own applications, some of which were refused.

O'Reilly J ordered the appointment of Peter John Sheehy, Solicitor, as trustee for the sale of the properties listed in Annexure A. The trustee was directed to consult with Mr Kettle regarding which lots he might wish to retain for his farming and home, ascertain mortgage details, and obtain valuations before preparing a report to the court on which lots should be sold. The proceeds of sale were to be applied first to necessary expenses to give clear title, then costs of sale, the trustee's costs, the sums of $113,350 and $125,140 to X Lawyers, a sum for other costs orders, and finally any balance to Mr Kettle. The court also made specific orders regarding the payment of various costs orders against Mr Kettle and dismissed some of his applications, ordering him to pay costs in relation to those applications.