Mao v AMP Superannuation Limited

The Court of Appeal of New South Wales considered an application by Ms. Mao for a stay of interlocutory orders made by a primary judge. These orders had appointed the NSW Trustee & Guardian as manager of a portion of Ms. Mao's estate pursuant to section 41(2) of the *NSW Trustee and Guardian Act 2009* (NSW). The application for stay was sought pending Ms. Mao's application for leave to appeal the primary judge's orders.

The central legal issue before the Court of Appeal was whether the mere filing of an application for leave to appeal was sufficient grounds to grant a stay of the primary judge's orders. The Court also considered an application to join the solicitors of the current tutor to the proceedings and to amend a notice of motion.

White JA held that the mere filing of an application for leave to appeal does not, in itself, constitute a basis for granting a stay of proceedings. The Court found that there was no demonstrable basis presented by Ms. Mao to justify staying the orders made by the primary judge. Consequently, the application for a stay was refused. The Court also granted leave to amend the notice of motion and ordered that the solicitors of the current tutor be joined to the proceedings.