Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd [2016] NSWSC 382

Mao v AMP Superannuation Ltd; Mao v BT Funds Management Ltd [2016] NSWSC 382

Because the Plaintiff did not appear and the remitted question and possible management order should not be dealt with without giving her an opportunity to be heard, the proceedings were adjourned to a date after 15 April 2016 for directions only, with notice and a copy of the reasons to be provided to her.

Jurisdiction
Australia
Judgment Date
04 April 2016
Procedural Posture
Equity Proceedings Concerning Whether to Appoint a Tutor for the Plaintiff / Further Directions After Remitter From the Court of Appeal; Plaintiff Did Not Appear
Outcome
Proceedings stood over for further directions.
Legal Topics
['appointment of Tutor' 'remitter From Court of Appeal' 'adjournment' 'management Order' 'failure to Appear']
['equity' 'civil Procedure'] ['appointment of Tutor' 'remitter From Court of Appeal' 'adjournment' 'management Order' 'failure to Appear']

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Procedural Posture

Equity Proceedings Concerning Whether to Appoint a Tutor for the Plaintiff / Further Directions After Remitter From the Court of Appeal; Plaintiff Did Not Appear

Legal Issues

  1. 1 ['Whether to appoint a tutor for the Plaintiff in proceedings 2013/232241 and 2013/244238 following remitter to the Equity Division by the Court of Appeal.' "Whether the Court should proceed in the Plaintiff's absence or adjourn the matters to enable her to be heard." "Whether consideration should be given to a declaration as to the Plaintiff's inability to manage her affairs and a partial management order under s 41(2) of the NSW Trustee and Guardian Act 2009 (NSW)."]

Ratio Decidendi

Because the Plaintiff did not appear and the remitted question and possible management order should not be dealt with without giving her an opportunity to be heard, the proceedings were adjourned to a date after 15 April 2016 for directions only, with notice and a copy of the reasons to be provided to her.

Court Disposition

Proceedings stood over for further directions.

Orders

  • ['Stand over the proceedings until 9:30 a.m. on Tuesday, 10 May 2016 for further directions.' "Direct the first Defendant's solicitors to inform the Plaintiff of the adjourned date, and provide her with a copy of these reasons by letter sent no later than Monday, 11 April 2016."]