Bartlett v Australia and New Zealand Banking Group Limited [2014] NSWSC 1662

Supreme Court New South Wales

Medium Neutral Citation: Bartlett v Australia and New Zealand Banking Group Limited [2014] NSWSC 1662 Hearing dates: 10, 11, 12, 13 and 14 November 2014 Decision date: 24 November 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1. Judgment for the defendant. 2. Unless either party makes an application in writing to my Associate within seven days, order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: CONTRACTS - alleged serious misconduct - sending of doctored internal ANZ email to journalist - interpretation of termination clause - whether entitlement to terminate arises if ANZ holds opinion that plaintiff guilty of serious misconduct or only if underlying fact established - onus of proof - terms sought to be implied inconsistent with express terms - ANZ established entitlement to terminate because of its opinion that the plaintiff had sent the doctored email - ANZ further established underlying fact - excluded all other reasonable suspects

DAMAGES - findings made for completeness - had summary dismissal not been available ANZ would have been entitled to terminate by paying four months' remuneration in lieu of notice and would have done so - ANZ no longer trusted plaintiff and would have terminated employment Cases Cited: Australian Workers' Union v Bowen (No. 2) (1948) 77 CLR 601 Blyth Chemicals Ltd v Bushnell (1933) 49 CLR 66 B.P. Refinery (Westernport) Pty Limited v Hastings Shire Council (1977) 180 CLR 266 Briginshaw v Briginshaw (1938) 60 CLR 336 Codelfa Construction Pty Limited v State Rail Authority of NSW [1982] HCA 24; 149 CLR 337 Commonwealth Bank of Australia v Barker [2014] HCA 32 Interstar Wholesale Finance Pty Ltd v Integral Home Loans Pty Limited [2008] NSWCA 310; 257 ALR 292 Maredelanto Compania Naviera SA v Bergbau-Handel GmbH; The Mihalis Angelos [1971] 1 QB 164 North v Television Corporation Ltd (1976) 11 ALR 599 Pastrycooks Union v Gartrell White (No. 3) (1990) 35 IR 70 Silverbrook Research Pty Limited v Lindley [2010] NSWCA 357 TCN Channel 9 Pty Limited v Hayden Enterprises Pty Ltd (1989) 16 NSWLR 130 The Commonwealth v Amman Aviation Pty Limited (1991) 174 CLR 64 Whitehouse Hotels Pty Limited v Lido Sovay Pty Limited (1975) 49 ALJR 93 Texts Cited: Wilson R Harrison, Suspect Documents - their scientific examination, (1966, Sweet & Maxwell London) Category: Principal judgment Parties: Paul William Bartlett (Plaintiff) Australian and New Zealand Banking Group Limited (Defendant) Representation: Counsel: J Fernon SC/D Chin (Plaintiff) C Murdoch (Defendant) Solicitors: Wilshire Webb Staunton Beattie (Plaintiff) Ashurst Australia (Defendant) File Number(s): 2012/351555 Publication restriction: Nil