Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd (No. 4) [2016] NSWSC 722

Supreme Court New South Wales

Medium Neutral Citation: Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd (No. 4) [2016] NSWSC 722 Hearing dates: 26 May 2016 Date of orders: 26 May 2016 Decision date: 26 May 2016 Jurisdiction: Equity Before: Hallen J Decision: Orders pursuant to s 67 of the Civil Procedure Act, that the extant applications, in the Equity Division, be stayed until such time as any party makes such application in this Division, as she, or it, wishes to make, including one for the hearing of the Plaintiff's application to have me recuse myself, or for the determination of the notice of motion for the appointment of a tutor for the Plaintiff. Order the Plaintiff to pay the costs of today of each Defendant. Catchwords: COURTS AND JUDGES – Judges – Plaintiff is a litigant in person – Court has previously found that she is a person under a legal incapacity - Application to have Judge recuse himself from further involvement in either proceedings - Application for recusal set down for hearing – Non-appearance by Plaintiff – Stay sought in email correspondence – Application for special leave to the High Court said to be ground for application – Application made by email sent to Court night before hearing – Email and attached documents not sent to Defendant in each case. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Cooper v Williams [1963] 2 QB 567 Lambert v Mainland Market Deliveries Ltd [1977] 1 W.L.R. 823 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 Ltd [2015] NSWCA 252 Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd [2016] NSWSC 382 Category: Procedural and other rulings Parties: Youhua Mao (Plaintiff) AMP Superannuation Ltd and AMP Life Ltd (Defendants in 2013/232241) BT Funds Management Ltd and AIA Australia Ltd (Defendants in 2013/244238) Representation: Plaintiff: No appearance Counsel: Ms L Jackson (Defendants in 2013/232241) Mr D Villa (Defendants in 2013/244238)