Clive Palmer’s defence team has asked a judge to throw out Queensland Nickel collapse trial amid a dispute over the remaining claims against the his companies.

August 20, 2019

Clive Palmer’s defence team have asked a judge to throw out the Queensland Nickel collapse trial amid a dispute over the remaining claims against the billionaire businessman’s companies.

The self-represented mining magnate wasn’t in court on Monday for the restart of the multimillion-dollar lawsuit brought by two sets of liquidators following the Townsville refinery’s 2016 collapse.

It was left up to lead lawyer for Mr Palmer’s companies, Chris Ward SC, to apply for the permanent stay in proceedings, saying the claims had largely devolved into a fee-seeking exercise.

“In circumstances where the only real beneficiary is the liquidator’s funders … with the primary goal of obtaining a commercial benefit,” Dr Ward said.

“It is grossly unfair and disproportionate.”

A lawyer for one of the liquidators, Shane Doyle, brushed aside the request, saying it was normal practice for liquidators to use funders and seek payment.

The only way these proceedings are possible when a liquidator doesn’t have funds to work with is to enter into a funding agreement, he said.

“Yes, people make money out of funding litigation because without such things liquidators would be unable to … investigate the affairs of companies.”

Mr Doyle said the liquidators’ fees were about $10.1 million.

The opposing legal teams also locked horns over the remaining claims to be heard in the Brisbane Supreme Court trial after Mr Palmer agreed to a massive settlement earlier in the month.

Dr Ward was scathing of the liquidators after learning they may have fresh creditor claims to submit, prompting him to question why the defence team hadn’t been made aware earlier.

He drew Justice Debra Mullins’ attention to the amended claim document following the recent settlements, which, he said, still contained allegations that Mr Palmer acted as a shadow director of QN even though this claim had been withdrawn.

Justice Mullins is expected to deliver her decision on Tuesday for the request to terminate the trial.