Mao v BT Funds Management Limited [2021] NSWSC 644

Supreme Court New South Wales

Medium Neutral Citation: Mao v BT Funds Management Limited [2021] NSWSC 644 Hearing dates: 2 June 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Equity Before: Parker J Decision: See [62]-[63] Catchwords: CIVIL PROCEDURE – interlocutory applications – where plaintiff brought a claim against insurers for total and permanent disability benefits – where plaintiff lacked capacity to conduct litigation – where NSW Trustee was appointed to act on her behalf – where NSW Trustee settled the proceedings and a notice of discontinuance was filed – where plaintiff applied to set aside the discontinuance – where plaintiff challenged the validity of the steps taken on her behalf by the NSW Trustee – where plaintiff sought an adjournment of the application to obtain funding and allow her to prosecute a constitutional matter – constitutional matter unrelated to present application – adjournment refused – NSW Trustee had power to conduct and settle the proceedings – application to set aside discontinuance dismissed with costs Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW), ss 40, 41 Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 7.14, 18.1 Cases Cited: Mao v AMP Superannuation Ltd [2015] NSWCA 252 Roy Morgan Research Pty Ltd v Commissioner of Taxation (2011) 244 CLR 97 Category: Procedural rulings Parties: Motion filed 17 March 2021 (as amended) Youhua Mao (Applicant/Plaintiff) BT Fund Management Limited (First Respondent/First Defendant) AIA Australia Limited (Second Respondent/Second Defendant) Maurice Blackburn Pty Ltd (Third Respondent) NSW Trustee and Guardian (Fourth Respondent)