Mao v AMP Superannuation Limited [2017] NSWSC 987

Supreme Court New South Wales

Medium Neutral Citation: Mao v AMP Superannuation Limited [2017] NSWSC 987 Hearing dates: 13 July 2017 Date of orders: 26 July 2017 Decision date: 26 July 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Order that so much of the stay ordered by the Court on 26 May 2016 be lifted so as to permit the first and second defendants in proceedings 2013/232241 to prosecute the amended notice of motion filed on 28 March 2017 and, to the extent necessary, give leave to the said defendants to amend their notice of motion filed 25 August 2014 in those terms. (2) Of the Court's own motion, pursuant to s 41(2) of the NSW Trustee and Guardian Act 2009 (NSW) appoint the NSW Trustee as manager of so much of the estate of the plaintiff as pertains to the plaintiff's right, title and interest in proceedings 2013/232241 and in proceedings 2013/244238. (3) Order that the costs of the amended notice of motion be costs in the cause. (4) Dismiss without costs the motion filed in Court on 13 July 2017 by the defendants in proceedings 2013/244238. (5) Liberty to the plaintiff and the defendants in each of proceedings 2013/232241 and proceedings 2013/244238 to apply within 14 days for any variation/amendment to these orders necessary to permit compliance with any relevant superannuation legislation following the disposition of either set of proceedings. (6) Note the ability of the NSW Trustee to apply for any variation or addition to the orders made today. (7) Stand the matter over to the Registrar's List on 23 August 2017 at 9.00am, together with proceedings 2013/2442328, for directions. Catchwords: MENTAL HEALTH - NSW Trustee and Guardian Act - Protected estate manager - Litigant in person - Appointment of NSW Trustee as manager of so much of the estate as pertains to plaintiff's right title and interest in ongoing proceedings Legislation Cited: Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) Judiciary Act 1903 (Cth), s 78B NSW Trustee and Guardian Act 2009 (NSW), ss 38, 39, 40, 41, 71 Privacy Act 1988 (Cth) Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 1.22, 1.23, 1.24, 7.14, 7.18, Pt 7, Pt 57 Civil Procedure Act 2005 (NSW), ss 14, 56, 67 Cases Cited: A v A [2015] NSWSC 1778 Ability One Financial Management Pty Limited v JB by his Tutor AB [2014] NSWSC 245 AGU v Commonwealth of Australia [2013] NSWCA 333 Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Australia and New Zealand Banking Group Ltd v Evans; Evans v Esanda Finance Corporation Ltd [2016] NSWSC 1742 Australian Communist Party v The Commonwealth (1951) 83 CLR 1; [1951] HCA 5 Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292; [1999] FCA 1151 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411, (1992) 9 ACSR 309 Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 CJ v AKJ [2015] NSWSC 498 Glennan v Commissioner of Taxation (2003) 198 ALR 250; [2003] HCA 31 Green v Jones [1979] 2 NSWLR 812 Guthrie v Spence (2009) 78 NSWLR 225; [2009] NSWCA 369 H v H [2015] NSWSC 837 IA v TA [2016] NSWCA 179 Iskandar v Mahpur (No 6) (Supreme Court (NSW), Slattery J, 15 February 2012, unrep) JMK v RDC and PTO v WDO [2013] NSWSC 1362 M v M [2013] NSWSC 1495 M v Mental Health Review Tribunal (No 2) [2016] NSWSC 572 Mao v AMP Superannuation Funds [2015] NSWCA 178 Mao v AMP Superannuation Limited; Mao v BT Funds Management Ltd [2014] NSWSC 1794 Mao v AMP Superannuation Ltd [2015] NSWCA 252 Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd (No 3) [2016] NSWSC 382 Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd (No 4) [2016] NSWSC 722 PB v BB [2013] NSWSC 1223 PF v HK [2016] NSWSC 590 Potier v State of New South Wales [2014] NSWCA 359 Re AAA; Report on a Protected Person's Attainment of the Age of Majority [2016] NSWSC 805 Re Culleton [2017] HCA 3 Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Re WS [2017] NSWSC 745 Sagacious Legal Pty Ltd v Westfarmers General Insurance Ltd (No 3) [2010] FCA 428 Slaveski v Victoria (2009) 25 VR 160; [2009] VSC 596 Société Des Produits Nestlé SA v Christian (No.13) [2014] FCCA 2966 Waterhouse v Independent Commission Against Corruption [2015] NSWCA 300 Category: Procedural and other rulings Parties: Youhua Mao (Plaintiff) AMP Superannuation Limited (First Defendant) AMP Life Limited (Second Defendant) BT Funds Management Limited and AIA Australia Limited (Defendants in proceedings 2013/244238 named as persons affected by orders sought on motion) Representation: Counsel: Ms Youhua Mao (Litigant in Person) (Plaintiff) Mr J G Duncan (Defendants/Applicants on motion) Mr D Villa (Defendants in proceedings 2013/244238 named as persons affected by orders sought on motion)