Tough talk: Aitken sues ANZ

Court documents show how Colin Bell colourfully chastised Angus Aitken for his “radical honesty”.

Mr Aitken says Bell Potter had no choice but to “bow to pressure” being applied by ANZ. Picture: John Feder/The Australian.

The chairman of Bell Potter told the firm’s former star stockbroker Angus Aitken that his frank assessment of ANZ’s incoming chief financial officer “was like you teed up my nuts and had a full swing with your driver”.

In a statement of claim filed on Friday, Mr Aitken is suing ANZ, its chief executive Shayne Elliott and its communications boss Paul Edwards for defamation, intimidation and misleading and deceptive conduct.

The move follows Mr Aitken’s departure from Bell Potter in late May following a controversial note sent to 70 clients where he described incoming ANZ chief ­financial officer Michelle Jablko as one “of the dumber appointments I have seen”, saying this was another reason “not to own this stock — Sell ANZ”.

Mr Aitken left Bell Potter after a tweet by Mr Edwards responded to Mr Aitken’s note as saying “sexism alive + well in stock­broking”.

As part of his claim, Mr Aitken says Mr Elliott directly contacted Colin Bell, the chairman of Bell Potter, and in the course of the conversation expressed “severe outrage” about the contents of the note to clients.

In the documents filed with the NSW Supreme Court, emails show Mr Bell chastised Mr Aitken that evening for sending the note.

“Jesus Gus. I love your radical honesty but you put me to the test today; your ANZ comment was like you teed up my nuts and had a full swing with your driver,” Mr Bell wrote at 9.13pm on May 24.

At 9.57pm he continues to attack Mr Aitken, or “Gus”, for sending the note.

“May satisfy your ego Gus but it totally f. ks mine. What did I ever do to deserve that. Don’t you have an alarm bell that goes off every now and then?”

The statement of claim argues Mr Aitken’s note to clients, while containing “strong criticism” of the CFO appointment, did not mention Ms Jablko by name, nor did it refer to her sex, “or cast any aspersions on Ms Jablko in relation to her sex”.

Mr Aitken complains the tweets imply that “he is a sexist stockbroker in that he criticised the appointment of Ms Jablko because she was a woman”.

The documents also reveal that an “ANZ employee” contacted Bell Potter’s head of research, TS Lim, and made a “heated complaint” about Mr Aitken’s note.

Mr Aitken alleges that Mr Edwards acted “under the direction” of Mr Elliott when he posted the tweet, which was later “liked” by Mr Elliott.

It is understood that ANZ is yet to be served with a copy of Mr Aitken’s claim but in a statement yesterday it said it rejected the allegations and had attempted to apologise to the former broker.

“ANZ rejects the allegation that either ANZ, Mr Elliott or Mr Edwards influenced Bell Potter in any way to terminate Mr Aitken’s employment and will vigorously defend this action,” the bank said in a statement.

“ANZ can also confirm it made an offer on June 5 to retract Mr Edwards’ tweet and apologise as well as pay damages determined by an agreed arbitrator.”

In the claim Mr Aitken says Bell Potter had no choice but to “bow to pressure” being applied by ANZ because of charges the bank held over Bell Potter assets “and two major transactions between Bell Potter and ANZ then in progress”.

He says the tweet and phone call amounted to a “campaign” to have him sacked.

The former star stockbroker is seeking aggravated damages from ANZ and the payout ­offered by Bell Potter was “significantly less” than his income at the time of departure.