Mao v AMP Superannuation Fund

[2015] NSWCA 178

Court of Appeal
Supreme Court

New South Wales

Case Name:	Mao v AMP Superannuation Fund
Medium Neutral Citation:	[2015] NSWCA 178
Hearing Date(s):	22 June 2015
Date of Orders:	22 June 2015
Decision Date:	22 June 2015
Before:	Emmett JA
Decision:	1   Direct the applicant to file and serve no later than 3 July 2015 her written submissions, together with a schedule of any additional documents that she wishes to be included in the papers for the hearing on 13 July 2015.   2   Direct the respondents to file their submissions in response no later than 10 July 2015.   3   Refuse leave to amend the notice of motion filed on 17 June 2015   4   Order that the notice of motion filed on 17 June 2015 be dismissed.   5   Order the applicant on that motion to pay the costs of the respondents to that motion.
Catchwords:	PROCEDURE – preparation of appeal book
Legislation Cited:	NSW Trustee and Guardian Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Category:	Procedural and other rulings
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)
Representation:	Counsel: Self-represented (Applicant) Mr J Duncan (First and Third Respondents) Ms B Elena (Second and Fourth Respondents)   Solicitors: Self-represented (Applicant) Turks Legal (Respondents)
File Number(s):	2015/13717
Publication Restriction:	Nil
Decision under appeal:
Court or Tribunal:	Supreme Court of NSW
Jurisdiction:	Equity Division
Date of Decision:	18 December 2014
Before:	Hallen J
File Number(s):	2013/232241; 2013/244238

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

JUDGMENT

1. EMMETT JA: By summons filed on 12 March 2015, Ms Youhua Mao seeks leave to appeal from orders made by Hallen J on 18 December 2014.  The operative order was that a tutor be appointed for Ms Mao in connection with the proceedings that were before Hallen J.  Hallen J was satisfied that Ms Mao is a person under a legal incapacity and gave reasons at some length for his decision to order that a tutor be appointed for the purposes of the proceedings. There are two sets of proceedings.  In one, Ms Mao, who is not represented by any legal advisor, sues AMP Superannuation Ltd and AMP Life Ltd (the AMP Proceedings), and in the other, she sues BT Funds Management Ltd and AIA Australia Ltd (the BT Proceedings).  She claims to be entitled to the benefit of policies of insurance issued by those companies. 

2. Included in the orders made on 18 December 2014 were orders that the defendants in the AMP Proceedings continue to make attempts to nominate a tutor who consents to being…