James Ashby loses $4.5m court appeal involving former boss Peter Slipper

“Ashby alleged that the delegation of authority to decide whether an act of grace payment application should be granted was ‘flawed’, so that the delegate did not have authority to refuse the application,” according to court documents.


“It was common ground before the primary judge that the relevant delegate was the Assistant Secretary of the Risk and Claims Branch, Procurement and Insurance Division, of the Department, whose power to authorize an act of grace payment was capped at $50,000.”

On Thursday, three Federal Court judges – Anna Katzmann, Wendy Abraham and Scott Goodman – granted Ashby’s appeal a time extension, but in the same judgment, dismissed his appeal.

“There is no merit in either ground of appeal.

“The primary judge was correct for the reasons that His Honor gave. The appeal should be dismissed with costs.”

The judges savaged some arguments put forward by Ashby’s legal team.

“Ashby has not established any error in the primary judge’s reasoning or conclusion … Ashby did not direct attention to error in the reasoning of the primary judge (with very limited exception), but rather sought to reargue the case there presented,” court documents said.

“Ashby could not articulate a proper basis as to how the factual findings he contended for were necessary, or even relevant.”

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