Mao v AMP Superannuation Ltd

[2018] NSWCA 72

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Competency of application
4. › Applicant under legal incapacity
5. › Application not brought by tutor or manager
6. › Whether application incompetent
7. › Whether requirement to bring proceedings by tutor should be waived
8. › Whether arguable error by trial judge
9. › Uniform Civil Procedure Rules 2005 (NSW), r 7.14
10. › Civil Procedure Act 2005 (NSW), s 14
1. Appeal
2. › Interlocutory or final order
3. › Order appointing manager under protective legislation
4. › Limited management order confined to specific proceedings
5. › Whether order interlocutory or final
6. › Whether leave to appeal required
1. Practice and Procedure
2. › Persons under legal incapacity
3. › Management orders
4. › Power to make limited management order in respect of part of estate
5. › Whether court may find incapacity limited to part of person's affairs
6. › NSW Trustee and Guardian Act 2009 (NSW), ss 38, 39, 40, 41
1. Statutes
2. › Construction
3. › Principle of legality
4. › Interference with fundamental rights
5. › Whether Coco principle applies to protective management orders made in interests of person subject to order
6. › NSW Trustee and Guardian Act 2009 (NSW), s 41

Quick Take

A limited management order under s 41 of the NSW Trustee and Guardian Act 2009 confined to specific proceedings is interlocutory, and the court may find incapacity limited to part of a person's affairs; the Coco principle of legality does not constrain the making of protective management orders in the interests of the person subject to the order.