Kettle & Baker & Green (No. 2)

The matter before May J concerned appeals that had been deemed abandoned due to the appellant's failure to file a pre-argument statement. The respondents sought to maintain the abandonment, while the appellant sought the reinstatement of the appeals and a stay of certain orders made by Justice O’Reilly on 31 October 2007.

The court was required to determine whether to reinstate the abandoned appeals, whether to consolidate them, and whether to grant a stay of the earlier orders. Additionally, the court needed to make directions regarding the preparation and filing of appeal books, summaries of argument, and lists of authorities, as well as consider the costs of the proceedings.

May J ordered the reinstatement and consolidation of the appeals. Leave was granted for the appellant to file an application for a stay of Justice O’Reilly's orders, with specific timelines set for the filing of relevant documents and the listing of the stay application. The appellant was also directed to prepare and file the appeal books, and to serve summaries of argument and lists of authorities by stipulated dates. The respondents and the Trustee were given a subsequent deadline to file their respective summaries and authorities. The costs of the directions hearing were reserved to the Full Court, but the appellant was ordered to pay the respondents' costs in relation to the reinstatement of the appeals, fixed at $1,100. The appeals were subsequently listed for hearing in March 2008.