Wardy v NSW Trustee and Guardian (No 2)

The appeal concerned an application by the appellant, Wardy, to vacate the hearing dates of 22 and 23 October 2020 for an appeal against a decision of the NSW Trustee and Guardian. The Court of Appeal was required to determine whether to grant the adjournment and reschedule the hearing.

The primary legal issue was whether the circumstances warranted vacating the already scheduled hearing dates. This involved considering the reasons provided by the appellant for the adjournment request and assessing whether these reasons constituted sufficient grounds to disrupt the court's timetable and inconvenience the respondent.

Payne JA granted the application to vacate the hearing dates, acknowledging the need for further preparation by the appellant. The court ordered that the appeal be relisted for hearing on 1 and 2 March 2021. Additionally, the matter was to be listed before the Registrar on 8 February 2021, with the possibility of vacating that listing by email to the Registrar if all preparatory steps for the appeal were completed.