Mao v B T Funds Management Limited and Ors

The applicant, Mao, sought leave to appeal against orders made by the primary judge in proceedings against B T Funds Management Limited and others. The dispute concerned the applicant's attempt to challenge the validity of a discontinuance of earlier proceedings, which had been discontinued by a tutor. The primary judge had dismissed a notice seeking a declaration that this discontinuance was void.

The central legal issue before the Court of Appeal was whether there was an arguable basis for challenging the primary judge's dismissal of the applicant's notice seeking to declare the discontinuance of the prior proceedings void.

White and McCallum JJA found that there was no arguable basis for the applicant to challenge the primary judge's orders. The Court concluded that the applicant had failed to demonstrate any error in the primary judge's decision.

Consequently, the applicant's summons for leave to appeal and notice of motion filed on 17 November 2021 were dismissed with costs.