Mao v AMP Superannuation Ltd [2018] NSWCA 72

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mao v AMP Superannuation Ltd [2018] NSWCA 72 Hearing dates: 10 April 2018 Date of orders: 10 April 2018 Decision date: 11 April 2018 Before: Basten JA; Leeming JA Decision: (1) Refuse the application of the applicant for an adjournment of the proceedings.

(2) Refuse the applicant's application for a stay of the proceedings.

(3) Dismiss the application for leave to appeal from the judgment of Ward CJ in Eq of 26 July 2017 as incompetent. Catchwords: APPEAL – application for leave – applicant incapable of managing her affairs – manager appointed to manage rights and interests pertaining to proceedings – application not brought by manager or tutor – whether application incompetent – whether requirement to bring proceedings by tutor should be waived – whether arguable error by trial judge

APPEAL – applicant incapable of managing her affairs – order appointing manager to manage rights and interests pertaining to proceedings – whether order interlocutory or final – whether leave required Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Constitution, s 51(xxxi) Judiciary Act 1903 (Cth), s 78B NSW Trustee and Guardian Act 2009 (NSW), ss 38, 39, 41, 71 Uniform Civil Procedure Rules 2005 (NSW), rr 7.14; 7.15, 7.18 Cases Cited: Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Mao v AMP Superannuation Ltd [2015] NSWCA 252 Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd [2014] NSWSC 1794 Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534; 192 FLR 92 Re GHI (a protected person) [2005] NSWSC 581; [221 ALR 589 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) NSW Trustee and Guardian (Fifth Respondent) Representation: Counsel: Applicant in person Mr J G Duncan (First and Third Respondents) Mr D F Villa (Second and Fourth Respondents) Ms S Kaur-Bains/Mr A Smorchevsky (Amici Curiae)