Clive Palmer’s wife fights Federal Court summons

Lawyers for Clive Palmer’s wife launch a bid to prevent her from having to give evidence in relation to the collapse of Qld Nickel.

Mining magnate Clive Palmer has been reinstated as sole director of his flagship company Mineralogy, after wife, Anna, recently resigned from the role. Picture: AAP

Clive Palmer’s wife has opposed being publicly examined in a Federal Court hearing in relation to the collapsed Queensland Nickel, claiming she is no longer the director of the mining magnate’s flagship company Mineralogy - a role she resigned from less than two weeks ago.

Anna Palmer was last month directed to appear before the court on March 14 to give evidence about the assets and liabilities of Mineralogy, after a successful application by Queensland Nickel’s liquidators, who are trying to claw back cash owed to the company’s creditors — including $70m to federal taxpayers.

Anna Palmer has been summonsed for examination by the liquidators of Queensland Nickel who are investigating the 2016 collapse of the refinery. Picture: AAP

The liquidators claim the disputed worth of Mineralogy is crucial to proceedings in the Supreme Court which has frozen more than half a billion of Mr Palmer’s assets, pending the outcome of a trial into the 2016 collapse of Queensland Nickel.

Mr Palmer resigned as director of Mineralogy last October, leaving Mrs Palmer as the company’s sole director.

But after the hearing on February 17, in which Mrs Palmer was ordered to give evidence next week, Mrs Palmer resigned on February 27, while her husband was reinstated as sole director.

Mrs Palmer and Mineralogy have fought the directive, saying that she should not be forced to appear as she was no longer the company’s director.

The lawyer acting on behalf of Mrs Palmer and Mineralogy, Kris Byrne, this morning sought to stay the examination and to access a confidential affidavit, filed by liquidator John Park, outlining reasons why Mrs Palmer should be forced to be examined in court.

John Peden, barrister for general purpose liquidators FTI Consulting, said the purpose of Mrs Palmer’s examination was to determine the assets and liabilities of Mineralogy, ahead of the Supreme Court trial set to begin in July.

Mr Peden said Mr Palmer had spoken in the press about money being spent by Mineralogy, since his resignation in October.

“Mr Palmer has said Mrs Palmer is in control of the money and controls where it is spent,” Mr Peden said.

“Mr Palmer has made a number of comments publicly about spending the money.”

Mr Peden said it was still necessary to examine Mrs Palmer because she was the sole director at the time the money was allegedly being spent by Mineralogy.

A similar application by the liquidators to summons Mr Palmer before the court about the company’s spending and worth was rejected late last year after a judge deemed it was oppressive because Mr Palmer had already been forced to give evidence eight times.

Mrs Palmer has only been summonsed on one occasion.

Mr Byrne said forcing Mrs Palmer to give evidence was an abuse of process and accused the general purpose liquidators of trying to gain a “forensic advantage” in the Supreme Court matter set down for July.

He said the liquidators were seeking to avoid a burdensome process to examine Mineralogy’s matters in the Supreme Court.

He said previous court cases had ruled that “media reports about the sale of something are evidence of nothing” and that the hearing should not be ordered on the basis of Mr Palmer’s comments to the press.

Judge Andrew Greenwood said he would make a decision on Monday.