Clive Mensink launches appeal despite claims he can’t be reached

Clive Mensink’s lawyers have filed an appeal despite him being overseas, apparently uncontactable.

Clive Palmer’s nephew Clive Mensink.

Clive Mensink’s lawyers have filed an appeal in a Brisbane court despite the fugitive Mr Mensink being overseas, apparently uncontactable, and the subject of an Interpol “blue notice”.

Solicitor Sam Iskander has signed and filed a notice of ­appeal, on behalf of Clive Palmer’s missing nephew Mr Mensink, to Queensland Supreme Court judge John Bond’s recent ruling that Mr Mensink can be served in absentia with a lawsuit launched by Queensland Nickel liquidators.

Mr Iskander was a suburban Brisbane migration specialist ­before representing Mr Mensink, Mr Palmer and Mr Palmer’s myriad companies in a many-fronted legal war over the collapse of Queensland Nickel, which cost creditors $300 million and 800 workers their jobs.

Though Mr Iskander and Mr Palmer claim not to have spoken to Mr Mensink for months, the appeal is filed in the name of Clive Theodore Mensink and takes ­exception to Justice Bond’s decision that Mr Mensink did not have to be served with the lawsuit in person.

“The learned primary judge erred in finding that there was a probability that the proposed modes of substituted service would be effective to bring knowledge of the proceeding to (Mr Mensink),” the notice of appeal reads. “The learned primary judge erred in finding that it was impracticable to serve the claim and statement of claim on (Mr Mensink) in the manner required under (the usual court rules).”

Taxpayer-funded liquidators PPB Advisory are suing Mr Palmer, Mr Mensink and related companies for nearly $500m, ­alleging the two men breached their directors’ duties and ­allowed Queensland Nickel to trade while insolvent.

The lawsuit is the first legal ­assault by the Turnbull government’s chosen liquidators, who had to apply to Justice Bond for the substituted service orders after they failed to serve Mr Mensink at any of his registered Australian addresses.

Mr Mensink was the sole registered director of Queensland Nickel when it collapsed. He has been on holiday — punctuated by cruises paid for by Mr Palmer — for a year. The Federal Court has ­issued two warrants for his ­arrest for contempt of court after he ­failed to ­return to testify about the company’s failure.

In August, Justice Bond ruled liquidators could serve Mr Mensink with the lawsuit by other means, including by sending the papers to Mr Iskander’s office, emailing Mr Palmer’s “Terry Smith” alias email address, and emailing Mr Mensink’s Hotmail account.

Mr Iskander is arguing that is not sufficient — even though he has filed the appeal on behalf of Mr Mensink and gives his office address as Mr Mensink’s address for service. Mr Iskander did not respond to questions about who instructed him to file the appeal.