Ayoub v AMP Bank Limited [2011] NSWCA 263

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ayoub v AMP Bank Limited [2011] NSWCA 263 Hearing dates: 4 August 2011 Decision date: 07 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] Category: Principal judgment Parties: Joanne Ayoub (Appellant) AMP Bank Limited (Respondent) Representation: T Robertson SC / E Welch (Appellant) L King SC / P Perry (Respondent) Paramount Lawyers (Appellant) Hicksons (Respondent) File Number(s): 2010/96739 Publication restriction: Nil Decision under appeal Date of Decision: 2010-04-14 00:00:00 Before: Acting Deputy President Moore File Number(s): A1-3398/09