Kanelos and Kanelos and Ors

In the matter of *Kanelos and Kanelos and Ors*, McClelland J of the Supreme Court of New South Wales was required to make orders concerning the continuation of a hearing and the conduct of subsequent proceedings. The primary dispute involved the Applicant wife and absent Respondents, with Z Holdings Pty Ltd ("The Company") participating as a third-party creditor.

The court was tasked with determining whether the hearing should proceed in the absence of the Respondent, the Second Respondent, and the Third Respondent. Additionally, the court needed to consider applications to excuse the Intervenor representing Mr Sellers as Trustee in Bankruptcy and the third-party creditor Z Holdings from further attendance at the final hearing, and to make consequential orders regarding the production of evidence and submissions.

McClelland J ordered that the hearing would continue despite the absence of the Respondent, the Second Respondent, and the Third Respondent. The court also excused the Intervenor and Z Holdings from further attendance at the final hearing. These decisions were made in conjunction with a series of consent orders agreed between the Applicant wife and Z Holdings, which established a timetable for Z Holdings to comply with a subpoena, provide relevant affidavit paragraphs to Z Holdings, file evidence, and provide notice regarding cross-examination. The consent orders also stipulated the procedure for filing written submissions or relisting the matter if cross-examination was required.