Can’t find Clive Mensink? Ask his uncle

Clive Mensink is ordered to return to Australia to testify about QN collapse, but his lawyers say they can’t contact him.

Clive Mensink.

Lawyers for globetrotting executive Clive Mensink have claimed they can’t contact him, prompting a Federal Court judge to suggest they try his uncle Clive Palmer or his Brisbane-based girlfriend.

Mr Mensink has been ordered to return to Australia to testify about the collapse of Queensland Nickel in the Federal Court at the end of the month, but his lawyers say they’ve tried — and failed — to inform him.

Liquidators have been trying to get Mr Mensink to return to Australia to answer questions about the major corporate failure, which cost nearly 800 jobs and left creditors $300m out of pocket. Mr Mensink had been ordered to tell liquidators by last Friday which overseas port he wished to fly out of to return to Australia.

He did not meet the deadline.

“People aren’t out of contact (overseas) these days unless they want to be out of contact,” Federal Court judge John Dowsett said, adding that it wasn’t as if Mr Mensink had to be sent a letter via “steamship”.

Clive Mensink’s girlfriend Jodie Shay in Brisbane. Picture: Lyndon Mechielsen.

“This man … has been a company director, he’s required to give an account of his stewardship (of Queensland Nickel) and he leaves the country, knowing (he would be required to give evidence).”

“It’s not a good look.”

Barrister Alex Nelson, for Mr Mensink, said his instructing solicitor Sam Iskander had tried to call and email Mr Mensink to tell him about Justice Dowsett’s orders, which came after he shirked two summonses to appear at court last month.

“I have instructions that we’re not in contact with him,” Mr Nelson said.

Justice Dowsett asked whether the lawyers had tried to contact Mr Palmer — the owner of Queensland Nickel and Mr Mensink’s uncle — or Mr Mensink’s girlfriend, who was last week found by The Australian to be back at work in Brisbane, despite Mr Mensink telling the court the pair were on a long European holiday.

Justice Dowsett said he could “not for a minute” suggest Mr Mensink’s lawyers hire a private detective in “the Netherlands, or Norway … to find your own client.”

“(But) I find it hard to believe that nobody’s got any sort of itinerary for him,” Justice Dowsett said.

Justice Dowsett said that if Mr Mensink did not turn up at the end of the month to give evidence, he might not have a choice but to issue a warrant for his arrest.

“Mr Mensink should not think that keeping out of contact with his solicitors is going to be a way of avoiding the issue of a warrant,” Justice Dowsett said.

“If the client (Mr Mensink) is not co-operating, it’s on his head.”

Mr Mensink has been on an extended overseas holiday since June last year, and has been on several luxury cruise voyages. His lawyers have presented to the court a doctor’s letter alleging he is suffering from clinical depression and major anxiety, and cannot deal with the stress of a public examination.

Today, Justice Dowsett was scathing in his dismissal of two applications by Mr Mensink’s lawyers, describing them as “completely misconceived” and “doomed to failure”.

Mr Nelson had applied to set aside orders requiring Mr Mensink to turn up at the end of the month, and to answer written questions about Queensland Nickel documents.

Mr Mensink is still required to front up at the Federal Court in Brisbane on March 27. If he does not, he or his lawyers will have to show why an arrest warrant should not be issued.