Mao v AMP Superannuation Limited [2017] NSWCA 296

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mao v AMP Superannuation Limited [2017] NSWCA 296 Hearing dates: 13 November 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Before: White JA Decision: Refer to [18] and [19] of judgment. Catchwords: CIVIL PROCEDURE — Court of Appeal — Stay of proceedings — interlocutory relief sought to stay orders made by primary judge pending application for leave to appeal — orders appointing NSW Trustee & Guardian as manager of part of applicant's estate under s 41(2) of the NSW Trustee and Guardian Act 2009 (NSW) — mere filing of application for leave to appeal is not a basis to grant stay — no demonstrable basis for staying orders

CIVIL PROCEDURE — Parties — Joinder — application to substitute tutor — appropriate to join solicitors of current tutor to proceedings — leave granted to amend notice of motion Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 NSW Trustee and Guardian Act 2009 (NSW), s 41(2) Superannuation Industry (Supervision) Act 1993 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 7.14 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Chen v Lym International [2009] NSWCA 121 Texts Cited: Nil Category: Principal judgment Parties: Youhua Mao (Applicant) AMP Superannuation Limited (1st Respondent) BT Funds Management Limited (2nd Respondent) AMP Life Limited (3rd Respondent) AIA Australia Limited (4th Respondent) NSW Trustee and Guardian (5th Respondent) Maurice Blackburn Pty Ltd (6th Respondent) Representation: Counsel: Self Represented (Applicant) E Esber (1st and 3rd Respondents) D F Villa (2nd and 4th Respondents) J Brouwer (5th Respondent) N/A (6th Respondent)