Clive Palmer’s nephew, Clive Mensink, has lost two appeals in Federal Court for contempt of court over Queensland Nickel.
Mensink left Australia in June 2016, months after Palmer-owned Queensland Nickel collapsed.
He has not returned since.
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Mensink was the company’s sole registered director when it folded with $300 million in debt, resulting in the loss of hundreds of jobs at its Townsville refinery.
In 2017, a judge ordered an arrest warrant issued for Mensink due to his failure to appear in court to be questioned about the company’s disappearance.
Mensink sought to have the arrest warrants withdrawn from Australia’s highest court, which denied a request for special leave.
His failure to comply with a subpoena on February and March 2017 dates resulted in two charges of contempt of court, three Federal Court judges said in a decision released Thursday.
Mensink argued that he was denied procedural fairness because of an “order made (by a judge in prior proceedings) without giving him an opportunity to be heard.”
But Justices Robert Bromwich, Michael Lee and Thomas Thawley dismissed the ground of appeal, saying it was clear Mensink ‘had the opportunity to be heard, and in fact was heard, about the order’ .
Mensink also claimed there was an error in the Clerk’s handling of the contempt proceedings when the Special Purpose Liquidators had no further interest.
“When this happened, it was entirely appropriate and in the interests of justice to issue an order to ensure that the contempt proceedings could continue given the wider implications,” the judges said.
Mensink was ordered to pay the costs.