Clive Palmer loses bid to delay Queensland Nickel trial
Queensland Nickel liquidation trial begins after Clive Palmer lost an eleventh hour bid to delay the proceedings.
The Queensland Nickel liquidation trial has finally begun after Clive Palmer and his companies lost an eleventh hour bid to delay the proceedings.
The nine-week trial was scheduled to start in Brisbane Supreme Court on Monday but Mr Palmer and his co-defendants lodged a last-minute application to stay the hearing while they scrambled to replace a key expert witness.
Former liquidator Peter Dinoris was supposed to provide expert testimony regarding the time that Queensland Nickel became insolvent but he resigned last month as a registered trustee in bankruptcy, citing ill health.
His resignation came months after the regulator launched disciplinary proceedings against him over an unrelated case.
Mr Dinoris’ evidence was intended to form a key part of the defence of Mr Palmer and his companies against the court action taken by Queensland Nickel’s liquidators, who are seeking to recoup close to $300 million for creditors.
The solvency expert was expected to testify that the Townsville nickel refinery was solvent until mid-January 2016, while the liquidators allege it traded insolvent from October 2015.
In court this morning, Mr Palmer, who is representing himself in the trial, and barrister Chris Ward, acting for Mr Palmer’s companies, said the trial should be delayed while they sought to appoint new experts.
“There’s no doubt we are in a very difficult position because of Mr Dinoris’ illness,” Mr Ward said.
“It is not a problem of our making and cannot be described as such.”
Mr Palmer argued for the trial to be delayed because he was “not able to mount a proper defence” without Mr Dinoris, who was appointed as a defence expert in 2017.
“He had a longstanding knowledge of the operations of the refinery,” Mr Palmer said.
“I need to have confidence that my expert can do (a thorough job) and that he has time to do that.
“It’s very hard for a liquidator. or third party removed from the situation to be able to give an accurate assessment.”
Barrister Shane Doyle, on behalf of the liquidators, said delaying the trial would cause “enormous disruption” and that rescheduling would be “virtually impossible”.
Justice Debra Mullins ruled that the trial would begin today, with experts giving evidence at the end of the trial.
A new expert will be appointed by the defence after an interview on Friday.