Clive Mensink has ‘no intention’ of returning to Australia

Clive Mensink appears to have “no intention” of coming back to Australia while liquidators chase him, a judge has said.

Clive Mensink. Picture: AAP.

Clive Palmer’s fugitive nephew Clive Mensink appears to have “absolutely no intention” of coming back to Australia while liquidators are chasing him, a Federal Court judge has declared.

Mr Mensink was the sole registered director of Mr Palmer’s failed Queensland Nickel company and has repeatedly refused to cut short a marathon, cruise-studded overseas holiday to testify about his role in the collapse.

The businessman is appealing against two arrest warrants — ­issued by the Federal Court in March for contempt of court — even though his lawyers say they have been unable to contact him since February.

Barrister Tom Sullivan QC, for Queensland Nickel’s taxpayer-funded special-purpose liquidators PPB Advisory, yesterday told the court Mr Mensink had deliberately gone “incommunicado” overseas.

“The gentleman knew the court wanted him,” Mr Sullivan said. “Then he makes himself incommunicado … he was trying to achieve, we would say, a state of wilful blindness.”

Mr Sullivan is pressing the court to order Mr Mensink to pay sec­urity of costs before the appeal is heard, to ensure the liquidators’ legal bills could be paid should the appeal fail.

Mr Mensink’s barrister, Pat Zappia QC, said the appeal had a reasonable chance of succeeding because Mr Mensink did not know about the March 27 order that led to the arrest warrants.

However, Federal Court judge Michael Wigney questioned Mr Mensink’s motives in staying overseas.

“Why shouldn’t I infer that Mr Mensink has absolutely no intention of returning to Australia in circumstances where he knows he’s required for (public) examination?” Justice Wigney asked.

“The whole circumstance is somewhat bizarre … based on my reading of the chronology, including Mr Mensink’s own affidavit (of January 31, when he argued he should not come back to Australia), and then the complete and utter radio silence we’ve had from him ever since.

“It’s a fair inference … that he has absolutely no intention of coming back to Australia while the liquidators intend to examine him.”

The court heard Mr Mensink had two properties in Australia, swamped by $600,000 in ­mortgage debt, and his uncle Mr Palmer was still transferring $8000 a fortnight into his Westpac ­account.

Justice Wigney: “Where is Mr Mensink?”

Mr Zappia: “Your Honour, I can’t tell you where he is.”

It remains unclear who is giving Mr Mensink’s lawyers — who also work for Mr Palmer — instructions to pursue the appeal, given he is apparently uncontactable.

Mr Zappia said they were following Mr Mensink’s original instructions, given before the arrest warrants were issued, to oppose ­attempts for him to return.

Mr Sullivan said Mr Palmer had earlier testified that his nephew had given him authority to act on his legal behalf before he left the country.

The special-purpose liquidators are funded by federal taxpayers, but their funding arrangement has been sealed by the court. Mr Sullivan estimated the cost to taxpayers of running the one-day appeal would be $140,000 — a fee Mr Mensink would likely need to pay if his appeal were unsuccessful.

Justice Wigney said the amount seemed “fairly large”.

The judge reserved his decision but said he was likely to hand it down next week.