Clive Palmer loses Supreme Court fight

November 16, 2022 07:34 AM HKT | By AAPNEWS
Image source: AAPNEWS

Mining magnate Clive Palmer has failed in a Supreme Court bid to stop criminal charges proceeding against him.

Mr Palmer lost the latest round in his legal fight against the corporate watchdog and regulator after being hit with charges on two fronts.

The billionaire businessman and his company Palmer Leisure Coolum were charged by the Commonwealth Director of Public Prosecutions in 2018 for alleged takeover law breaches.

The charges relate to a proposal to buy out investors in timeshare villas at Mr Palmer's Coolum resort in southeast Queensland which did not eventuate.

Following an Australian Securities and Investments Commission probe, Mr Palmer and his company were accused of breaches after announcing the takeover of The President's Club company's shareholders in 2012.

They failed to make a takeover bid within two months of announcing it as required by law, ASIC alleged. 

In another matter, Mr Palmer was also charged two years ago with two counts each of dishonestly using his position as a director and fraudulently gaining a benefit. 

The fraud and corporate misconduct charges relate to Mr Palmer's transfer of more than $12 million through his company Mineralogy between August 5 and September 5 2013.

ASIC alleges Mr Palmer transferred the money to bank accounts held by Media Circus and Cosmo Developments ultimately for the benefit of the Palmer United Party to fund its 2013 federal election campaign.

Mr Palmer launched legal action in the Brisbane Supreme Court to stop all the charges proceeding with summary judgment applications.

"Further applications have slapped onto the registry counter like cards in an enthusiastic game of Uno," Justice Peter Callaghan wrote in his judgment.

Addressing a Supreme Court hearing in February, Mr Palmer said the fraud and misconduct charges and resulting Magistrates Court proceeding were "an abuse of process".

He also claimed the ASIC complaint and Magistrates Court proceeding "were unlawful" and did not take into account his human rights.

However, Justice Callaghan on Wednesday dismissed an application for summary judgment to proceed in both Mr Palmer's matters.

He also ordered - after it was sought by commonwealth defendants ASIC and DPP - Mr Palmer's Supreme Court matters be permanently stayed.

Mr Palmer is set to answer the charges in Brisbane Magistrates Court with his alleged takeover law breach matter set for mention next month.

Justice Callaghan also ordered Mr Palmer pay the commonwealth defendants' costs as well as those for the Queensland attorney-general.


Disclaimer

The content, including but not limited to any articles, news, quotes, information, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video (Content) is a service of Kalkine Media Limited, Company No. 12643132 (“Kalkine Media, we or us”) and is available for personal and non-commercial use only. Kalkine Media is an appointed representative of Kalkine Limited, who is authorized and regulated by the FCA (FRN: 579414). The non-personalized advice given by Kalkine Media through its Content does not in any way endorse or recommend individuals, investment products or services suitable for your personal financial situation. You should discuss your portfolios and the risk tolerance level appropriate for your personal financial situation, with a qualified financial planner and/or adviser. No liability is accepted by Kalkine Media or Kalkine Limited and/or any of its employees/officers, for any investment loss, or any other loss or detriment experienced by you for any investment decision, whether consequent to, or in any way related to this Content, the provision of which is a regulated activity. Kalkine Media does not intend to exclude any liability which is not permitted to be excluded under applicable law or regulation. Some of the Content on this website may be sponsored/non-sponsored, as applicable. However, on the date of publication of any such Content, none of the employees and/or associates of Kalkine Media hold positions in any of the stocks covered by Kalkine Media through its Content. The views expressed in the Content by the guests, if any, are their own and do not necessarily represent the views or opinions of Kalkine Media.
The content published on Kalkine Media also includes feeds sourced from third-party providers. Kalkine does not assert any ownership rights over the content provided by these third-party sources. The inclusion of such feeds on the Website is for informational purposes only. Kalkine does not guarantee the accuracy, completeness, or reliability of the content obtained from third-party feeds. Furthermore, Kalkine Media shall not be held liable for any errors, omissions, or inaccuracies in the content obtained from third-party feeds, nor for any damages or losses arising from the use of such content. Some of the images/music/video that may be used in the Content are copyright to their respective owner(s). Kalkine Media does not claim ownership of any of the pictures displayed/music or video used in the Content unless stated otherwise. The images/music/video that may be used in the Content are taken from various sources on the internet, including paid subscriptions or are believed to be in public domain. We have used reasonable efforts to accredit the source wherever it was indicated or was found to be necessary.
This disclaimer is subject to change without notice. Users are advised to review this disclaimer periodically for any updates or modifications.


Sponsored Articles


We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.