Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd [2014] NSWSC 1794

Supreme Court New South Wales

Medium Neutral Citation: Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd [2014] NSWSC 1794 Hearing dates: 5 November 2014 Decision date: 18 December 2014 Jurisdiction: Equity Division Before: Hallen J Decision: (i) Being satisfied that the Plaintiff is a person under a legal incapacity, orders that a tutor be appointed for the Plaintiff. (ii) Orders that the Defendants in the AMP proceedings continue to make attempts to nominate a tutor who consents to being appointed and, failing that nomination, consideration will be given to whether the court should make a declaration under the NSW Trustee and Guardian Act 2009 (NSW) that the Plaintiff is incapable of managing her affairs and order that the part of her estate, constituted by her actual contingent assets or liabilities in, or arising out of, these proceedings, be subject to management under that Act. (iii) Orders that the Plaintiff's notice of motion to have the proceedings heard with a jury be dismissed. (iv) Orders that the Plaintiff's notice of motion for leave to issue subpoenas be dismissed. (v) Orders that any argument about costs be dealt with on the adjourned date, if any application for costs is made by, or on behalf of, any of the Defendants. (vi) Orders that the Plaintiff's application to set aside the order made by Young AJ that the AMP Proceedings and the BT Proceedings be heard together, with the evidence in one being evidence in the other, be adjourned to the adjourned date. (vii) Orders that the Plaintiff's notice of motion to amend the Statement of Claim be adjourned to the adjourned date. (viii) Stands the proceedings over to a date convenient to the parties and the court. Catchwords: PROCEDURE - Supreme Court procedure - Application by Defendants for appointment of tutor for self-represented Plaintiff - Opposition by Plaintiff - Meaning of "person under legal incapacity" in UCPR - Applicable principles - Difficulty in nominating tutor who consents to act - Adjournment of application to determine whether, if a tutor cannot be nominated, a declaration and order may be made under s 41 of the NSW Trustee and Guardian Act 2009 (NSW)