Ayoub v AMP Bank Limited

This decision has been amended. Please see the end of the decision for a list of the amendments.

Court of Appeal

New South Wales

Case Title:	Ayoub v AMP Bank Limited
Medium Neutral Citation:	[2011] NSWCA 263
Hearing Date(s):	4 August 2011
Decision Date:	7 September 2011
Jurisdiction:	Civil
Before:	Basten JA at [1] Whealy JA at [2] Sackville AJA [81]
Decision:	(1) Appeal dismissed; (2) Appellant to pay the respondent's costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords:	WORKERS COMPENSATION - appeal - appeal against finding of the Acting Deputy President - appeal limited to party being aggrieved by a decision of the Presidential member in point of law - denial of procedural fairness - matter proceeded on the papers - failure to consider oral hearing when matters of credit to be decided - whether parties acquiesced in review on the papers - whether failure of Acting Deputy President to take into account internal retrenchment policies of appellant constituted an error of law - no error shown - no denial of procedural fairness.
Legislation Cited:	Workers Compensation Act 1987 (NSW) ss 9A, 11A Workplace Injury Management and Workers Compensation Act (NSW) 1998
Cases Cited:	State Transit Authority of NSW v Chemler [2007] NSWCA 249; 5 DDCR 286 Manly Pacific International Hotel Pty Limited v Doyle [1999] NSWCA 465; 19 NSWCCR 181 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249; (2007) 5 DDCR 28 Fletcher International Exports Pty Ltd v Lott & Anor [2010] NSWCA 63 at 42 Hancock v East Coast Timber Products Pty Limited [2011] NSWCA 11 per Beazley JA at [96], [120] - [122]
Texts Cited:
Category:	Principal judgment
Parties:	Joanne Ayoub (Appellant) AMP Bank Limited (Respondent)
Representation
- Counsel:	T Robertson SC / E Welch (Appellant) L King SC / P Perry (Respondent)
- Solicitors:	Paramount Lawyers (Appellant) Hicksons (Respondent)
File number(s):	2010/96739
Decision Under Appeal
- Court / Tribunal:
- Before:	Acting Deputy President Moore
- Date of Decision:	14 April 2010
- Citation:
- Court File Number(s)	A1-3398/09
Publication Restriction:

JUDGMENT

1. BASTEN JA: In this matter, the appeal should be dismissed with costs, for the reasons given by Whealy JA.

2. WHEALY JA: In 2004, Joanne Ayoub (the appellant) was employed by the AMP Bank Limited (the respondent) as one of three Product Managers. This was a relatively senior executive position. For several years, she worked in this position and did so with some distinction. In 2007, however, her work situation began to deteriorate. First, in February 2007, a gentleman called Robert Slocombe replaced Therese Matthews as the appellant's manager. Mr Slocombe was known to the…