Youhua Mao v AMP Superannuation Fund

[2015] HCASL 188

YOUHUA MAO

v

AMP SUPERANNUATION FUND & ORS

[2015] HCASL 188
S137/2015

1. The applicant brought proceedings in the Equity Division of the Supreme Court of New South Wales (Hallen J) against AMP Superannuation Ltd and AMP Life Ltd, and separately against BT Funds Management Ltd and AIA Australia Ltd, claiming to be entitled to the benefit of policies of insurance issued by those companies.  On 18 December 2014, Hallen J found that the applicant is under a legal incapacity and he ordered that a tutor be appointed for the proceedings. 

2. The applicant applied for leave to appeal to the Court of Appeal of the Supreme Court of New South Wales.  The Registrar directed that the respondents prepare the "white book".  The Registrar indicated when giving that direction that the applicant could supplement the white book with any further documents that she thought should be before the Court. 

3. On 17 June 2015, the applicant filed a notice of motion seeking orders including that the appeal book prepared by the respondents be dismissed and allowing her to prepare the appeal book in accordance with the Uniform Civil Procedure Rules 2005 (NSW). The Court of Appeal (Emmett JA) declined to make the orders sought, observing that the Court has the power to vary the Rules and that it is common to require a legally represented respondent to an appeal to prepare the appeal papers.

4. The applicant seeks special leave to appeal from Emmett JA's order. She does not have legal representation. The application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

5. Emmett JA's decision on this matter of practice and procedure is plainly correct.  The applicant's proposed grounds of appeal, including the putative constitutional challenge, are misconceived. 

6. The application is dismissed.

7. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
4 November 2015 S.J. Gageler