Mao v AMP Superannuation Ltd [2015] NSWCA 252

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mao v AMP Superannuation Ltd [2015] NSWCA 252 Hearing dates: 13 July 2015 Date of orders: 27 August 2015 Decision date: 27 August 2015 Before: Beazley ACJ; Emmett JA; Leeming JA Decision: 1 The requirements of r 7.14 of the Uniform Civil Procedure Rules 2005 (NSW) be dispensed with in relation to the commencement and carrying on of these proceedings by way of application for leave to appeal and appeal.

2 Leave to appeal be granted.

3 The requirement for the filing of a notice of appeal be dispensed with.

4 Appeal be allowed in part.

5 Orders (i) and (ii) of the orders made on 18 December 2014 be set aside.

6 The question whether to appoint a tutor for the applicant in proceedings 2013/232241 and 2013/244238 be remitted to the Equity Division.

7 Appeal be otherwise dismissed.

8 The respondents pay the applicant's costs of the summons seeking leave to appeal and of the appeal. Catchwords: PROCEDURE – tutors – determination that a person is under a legal incapacity – whether such a determination by a court has the effect that proceedings involving such a person are automatically stayed – Uniform Civil Procedure Rules 2005 (NSW), r 7.14

PROCEDURE – tutors – application for appointment of tutor – requirement to nominate a person as tutor and to provide evidence that the proposed tutor consents to being appointed – Uniform Civil Procedure Rules 2005 (NSW), r 7.18(5)

PROCEDURE – tutors – appointment of tutor – regularity of orders purporting to appoint a tutor without naming a person as tutor – Uniform Civil Procedure Rules 2005 (NSW), Pt 7 Div 4 Legislation Cited: Australian Human Rights Commission Act 1986 (Cth) Civil Procedure Act 2005 (NSW), s 14 Crimes (Domestic and Personal Violence) Act 2007 (NSW), Pt 5 Disability Discrimination Act 1992 (Cth) NSW Trustee and Guardian Act 2009 (NSW), s 41 Privacy Act 1988 (Cth) Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) Privacy Regulation 2013 (Cth) Succession Act 2006 (NSW), Ch 3 Pt 3.2 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 7.13, 7.14, 7.15, 7.16, 7.18, 36.15, 51.12, 51.16, 51.25 Cases Cited: Ebner v The Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd [2014] NSWSC 1794 Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd (No 2) [2015] NSWSC 33 Mao v AMP Superannuation Fund [2015] NSWCA 178 Category: Principal judgment Parties: Youhua Mao (Applicant) AMP Superannuation Ltd (First Respondent) BT Funds Management Ltd (Second Respondent) AMP Life Ltd (Third Respondent) AIA Australia Ltd (Fourth Respondent) Representation: Counsel: Self-represented (Applicant) Mr JG Duncan (First and Third Respondents) Mr DF Villa (Second and Fourth Respondents)