Mark Henry Skinner v Redmond Family Holdings Pty Limited (No 3)

1. [1]

   ​HIS HONOUR: This judgment is a necessary consequence of recent case management directions that I have made by consent in chambers about a matter which is listed before this Court on 24 November 2017.

2. [2]

   On 18 October 2017 the matter came before me sitting alone for a case management conference. On that occasion, I made the following orders:

3. [3]

   The clear intent of the orders I made on the last occasion was to ready this matter for hearing on Friday 24 November 2017. As the appellants had not complied with earlier directions and their solicitor, Mr Foley, indicated that it was unlikely that he would be briefed to appear at the appeal hearing, the orders made proposed that the respondent carry out the work of preparing the necessary books for the hearing of the appeal with the intention that they would be able to seek a special costs order for having done so from the Court hearing the appeal.

4. [4]

   In the interests of transparency it is desirable that I set out the history of communications with my chambers by the parties since the last hearing date.

5. [5]

   On 27 October 2017, the respondent provided a complete index of the document proposed to be included in the Blue Book, in accordance with order 4.

6. [6]

   The appellants did not comply with order 5 made on 18 October 2017.

7. [7]

   On 1 November 2017, an e-mail was sent to my Chambers at 6:04 pm from the first appellant, Mr Skinner, in the following terms:

8. [8]

   On 2 November 2017 at 10:06 am my chambers replied, in the following terms:

9. [9]

   On 2 November 2017, at 10:26 am the first appellant sent an e-mail to my chambers in the following terms:

10. [10]

    On 2 November 2017, at 10:55 am an e-mail was sent to the parties from my chambers as follows:

11. [11]

    On 2 November 2017, at 11:15am the first appellant sent the following e-mail to my chambers:

12. [12]

    On 2 November 2017 at 11:38 am, the following e-mail was sent to the parties by my chambers:

13. [13]

    On 2 November 2017 at 2:25 pm the first appellant sent the following e-mail to my chambers:

14. [14]

    On 2 November 2017 at 2:55 pm, the following e-mail was sent to the parties by my chambers:

15. [15]

    On 2 November 2017 at 2:58 pm the first appellant sent the following e-mail to my chambers:

16. [16]

    On 2 November 2017 at 3:05 pm the first appellant sent the following e-mail to my chambers:

17. [17]

    On 2 November 2017 at 4:44 pm the respondent sent the following e-mail to my chambers:

18. [18]

    On 2 November 2017, at 5:04 pm the follow e-email was sent to the parties by my chambers:

19. [19]

    On 2 November 2017 at 5:06 pm the respondent sent the following e-mail to my chambers:

20. [20]

    On 2 November 2017 at 5:19 pm the respondent sent the following e-mail:

21. [21]

    On 2 November 2017 at 5:23 pm, Mr Foley, solicitor for the appellants, sent the follow e-mail to my chambers:

22. [22]

    On 2 November 2017 at 6:51 pm the following e-mail was sent to the parties from my chambers:

Orders

1. [23]

   Accordingly, the 3 November 2017 hearing was vacated on the joint application of the parties. The Court makes the following orders:

   1. (1)

      By consent, the Court orders that the appellants are to file and serve an amended Red Book by 4pm on 10 November 2017.

   2. (2)

      If there is any difficulty in complying with this order the Court expects to be notified as soon as possible.

2. [24]

   In relation to the Blue Book(s), the Court notes the agreement of the parties as to the content of the index. To be clear, the Blue Book(s) must be filed and served by 10 November 2017. If the respondent does not have the material recently included by the appellants in the index and the appellants do not provide that material in a timely way, it will be necessary for the respondent to attend to the printing of the Blue Book(s) without including that material.

3. [25]

   If that becomes necessary, the Court expects to be notified of that as soon as possible.