The decision of Justices Graham Panckhurst and Tony Randerson, dismissing the defence application for a stay of proceedings and/or a discharge before trial, was released yesterday.
Apart from the outcome, all other details were suppressed.
Bain's counsel, Michael Reed QC, said last night no decision had been made about an appeal.
"We've only just got [the decision].
"We are looking hard at it and that is all I can say at the moment," he said.
Preliminary selection of the jury panel has already been made and the pool of 80 jurors will return for final selection on Friday morning.
The retrial was to have begun yesterday but had to be delayed because of ongoing pre-trial applications.
Hearing of the case is expected to take up to 13 weeks, with evidence from almost 160 Crown witnesses.
Bain (36) served 12 years of a life sentence after a Dunedin jury found him guilty, in May 1995, of murdering his parents and three siblings at the family's Dunedin home a year earlier.
In 2007, the Privy Council quashed the convictions and Bain was later released on bail pending a second trial.
Since the Privy Council decision, the case has been the subject of numerous pre-trial hearings.
The most recent was in the Supreme Court in Wellington yesterday, when Bain's lawyers were appealing an earlier High Court ruling on an aspect of the evidence.
Details of that hearing were also suppressed.
Arthur Allan Thomas (71) left his Waikato dairy farm yesterday to support Bain in Christchurch.
Mr Thomas was wrongly imprisoned for nine years in the 1970s for a double murder he said he did not commit, and received a pardon after a royal commission of inquiry found police had planted a bullet cartridge used to convict him.
