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Judge quashes Clive Palmer’s 11th-hour bid to dodge summons

Clive Palmer has lost another 11th-hour legal bid to dodge giving evidence at the Federal Court of Australia.

Businessman and former federal federal MP Clive Palmer.
Businessman and former federal federal MP Clive Palmer.

Clive Palmer has lost another 11th-hour legal bid to dodge giving evidence at the Federal Court over the collapse of his Queensland Nickel company.

Judge Nye Perram yesterday dismissed the resources tycoon’s attempt to avoid answering the summons, which will require him to turn up to the court in Brisbane and prepare to answer questions under oath.

Justice Perram said there was a significant public interest in the collapse of the Townsville nickel refinery company. “(There is) a substantial amount of money involved,” he said.

Mr Palmer’s failed application came after he tried last week to have the summons set aside.

In that matter, Federal Court judge Andrew Greenwood slapped down a self-represented Mr Palmer’s constitutional ­argument.

Justice Greenwood also suppressed a “salacious” affidavit from the former federal MP, which the court heard threatened to badly damage the reputation of Malcolm Turnbull.

Yesterday, Justice Perram agreed the affidavit should have been suppressed and disagreed with an argument by barrister Nicholas Ferrett, for Mr Palmer, that the order denied the businessman procedural fairness.

Justice Perram said Mr Palmer’s affidavit included an alle­gation that the commonwealth government had appointed special purpose liquidators, who will lead Monday’s public examination, for an “improper purpose”.

Queensland Nickel went into voluntary administration in January and was liquidated in April. Almost 800 workers lost their jobs and the federal government had to step in to cover unpaid redundancy entitlements worth almost $70 million.

Mr Palmer, Queensland Nickel’s former chief financial officer Daren Wolfe and the refinery’s former operations manager Ian Ferguson are all required to appear in court on Monday, along with Mr Palmer’s in-house solicitor Kris Byrne.

The public examinations are scheduled for two weeks.

Read related topics:Clive Palmer
Sarah Elks
Sarah ElksSenior Reporter

Sarah Elks is a senior reporter for The Australian in its Brisbane bureau, focusing on investigations into politics, business and industry. Sarah has worked for the paper for 15 years, primarily in Brisbane, but also in Sydney, and in Cairns as north Queensland correspondent. She has covered election campaigns, high-profile murder trials, and natural disasters, and was named Queensland Journalist of the Year in 2016 for a series of exclusive stories exposing the failure of Clive Palmer’s Queensland Nickel business. Sarah has been nominated for four Walkley awards. Got a tip? elkss@theaustralian.com.au; GPO Box 2145 Brisbane QLD 4001

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Original URL: https://www.theaustralian.com.au/business/legal-affairs/judge-quashes-clive-palmers-11thhour-bid-to-dodge-summons/news-story/28017160ce366d6b21b218641bfa3220