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Clive Palmer launches bid to have ASIC charges thrown out of court

Besieged businessman Clive Palmer has launched a last-ditch bid to have charges laid by the corporate watchdog thrown out of court.

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BESIEGED businessman Clive Palmer has launched a last-ditch bid to have charges laid by the corporate watchdog thrown out of court.

Palmer and his company Palmer Leisure Coolum had previously lodged a civil claim in the Supreme Court asking for criminal proceedings before the Magistrates Court to be permanently stayed.

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But last month, Justice Soraya Ryan threw out the dismissal application, sending the charges back to the lower court.

In a brief mention in the Brisbane Magistrates Court today, barrister Chris Wilson told the court the mining magnate had appealed the decision and was currently waiting for a hearing date.

Mr Palmer was charged by the Australian Securities and Investment Commission in February last year for allegedly aiding, abetting or counselling the commission of an offence by another person, namely his business Palmer Leisure Coolum.

ASIC alleges in June 2012, PLC breached the Corporations Act by publicly professing to make a takeover bid for villa timeshare scheme The Presidents Club, but failed to make an offer for securities in the company within the prescribed two month period.

ASIC alleges Mr Palmer aided, abetted, counselled or procured the company to do so.

Mr Palmer’s initial bid to have the charges thrown out claimed they were an abuse of process and that the shares were not a security under the law and therefore not a breach of the act.

As part of his defence, Mr Palmer claimed he had been the victim of an orchestrated scheme by senior government officials who had vowed to “get him” and foil his plans to return to politics.

The matter will return to court on June 28.

Original URL: https://www.couriermail.com.au/news/queensland/crime-and-justice/clive-palmer-launches-bid-to-have-asic-charges-thrown-out-of-court/news-story/eef7314718046f2ec428de64d4e98768