AHB v NSW Trustee and Guardian

The appeal concerned an application for an adjournment made by the appellant, AHB, in proceedings against the NSW Trustee and Guardian. The primary judge had refused the adjournment application, and AHB sought to appeal this decision.

The central legal issue before the Court of Appeal was whether the primary judge erred in refusing the adjournment application. This required the court to consider the adequacy of the material before the primary judge in support of the adjournment request and whether the refusal involved an error of principle.

The Court of Appeal found that the material before the primary judge was inadequate to justify an adjournment. The court noted that there was no issue of principle involved in the refusal of the adjournment application. Consequently, the appeal was dismissed.

The Amended Summons was stood over for directions before the Registrar on a date to be appointed by him. The appellant was ordered to pay the respondent's costs thrown away by the adjournment.