By Jordan Baker
The woman offered a $500,000-a-year New York trade commissioner job that later went to John Barilaro is suing the former deputy premier and former trade minister Stuart Ayres for misuse of power.
Jennifer West is accusing them of misfeasance in office, an accusation of wrongful exercise of authority that can only be levelled at public officials, and breach of contract, after the US job offer was withdrawn, and she was made redundant.
John Barilaro, Jennifer West and Stuart Ayres.Credit: Nine
In a statement of claim filed in the NSW Supreme Court, West alleged that the circumstances leading to the withdrawal of the appointment and the end of her employment were insulting and humiliating, and worthy of aggravated damages.
West has also named former Investment NSW boss Amy Brown, who initially offered her the job and then reneged, and the state of NSW as defendants in the suit.
The last high-profile person to have sued for misfeasance was Bill Spedding, which resulted in an award of $1.48 million after he was charged with historic sex offences as part of what he described as a police strategy to put pressure on him in the William Tyrrell investigation.
West, a former Deputy Secretary of Investment NSW, alleges she was originally told she had the New York job by Brown, her CEO. But the statement of claim said Barilaro then suggested the job be allocated by ministerial appointment, Cabinet agreed, and the offer was withdrawn.
Department secretary Amy Brown has also been named in Jennifer West’s lawsuit.Credit: Kate Geraghty
In her statement of claim, she alleges Barilaro sought the $500,000-a-year job for his own personal advantage; that Brown allowed personal and political interests to influence her; and that Ayres acted for political reasons and to help Barilaro.
She also alleges Brown invented reasons why West was unsuited to the New York job, and Ayres of joining with Brown in allowing “false representations to the effect that West was unsuited to the appointment”.
All three, the statement of claim sets out, knew their actions were outside their public powers, and would cause West damage. “The state is vicariously liable for the acts and omissions of Brown, Ayres and Barilaro, constituting misfeasance in public office,” it states.
At a parliamentary inquiry last year, West said Brown had told her the New York role would become a “present for someone”. Barilaro, who had by then resigned from parliament, was appointed by Ayres. West was later made redundant from Investment NSW.
On Monday, the Independent Commission Against Corruption said it had found no evidence of corrupt conduct by Barilaro after a seven-month investigation.
But the Labor-dominated inquiry found Barilaro’s appointment had “all the trademarks of a ‘job for the boys’ position”. It also said Investment NSW’s treatment of West was “unfair, unprofessional, and sends a terrible message”.
West’s statement of claim, lodged in the Supreme Court on Monday afternoon, argued her termination was neither in the public good nor in good faith, and was done to “remove West from a position in which West could potentially embarrass Brown, Ayres, Barilaro or the government”.
The claim alleges Barilaro was involved in discussions that led to the termination of West’s appointment to New York, and resigned from parliament to take the job himself - actions which were outside his public power and done in the knowledge they would cause her damage.
Similar lawsuits have recently been filed by Bill Spedding and Danielle Laidley.
It accuses Brown, Barilaro and Ayres of acting in the knowledge “that West would suffer reputational and economic damage.”
West declined to comment. Ayres referred the question to the Department of Premier and Cabinet, which said, “it would be inappropriate to comment while there are legal proceedings before the court”. Barilaro and Brown were also approached for comment but did not reply by deadline.
The matter is due in court on April 27.
In Victoria, former footballer Danielle Laidley is suing the state of Victoria, alleging police circulated pictures of her at the Geelong Racecourse and sought to “invite and expose [her] to humiliation and ridicule” for identifying as a woman. She is arguing the officers’ actions amounted to misfeasance in public office.
There is no cap on damages, but the plaintiff’s losses must be proven. Punitive damages are possible, but rare.
With Olivia Ireland
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