Mao v AMP Superannuation Limited (No. 2) [2017] NSWCA 297

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mao v AMP Superannuation Limited (No. 2) [2017] NSWCA 297 Hearing dates: 13 November 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Before: White JA Decision: Refer to para [10] of judgment. Catchwords: CIVIL PROCEDURE – Court of Appeal – judgments and orders of – setting aside own orders – UCPR r 36.16 – application seeking direction that court's own orders not be entered and seeking declaration that there was a miscarriage of justice in earlier hearing by court as constituted – need for finality of litigation – court did not fail to consider applicant's submissions – court did not fail to consider applicant's materials and evidence – orders to be entered – application refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Mao v AMP Superannuation Ltd [2017] NSWCA 296 Category: Procedural and other rulings 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)