Mensink loses contempt of court appeals

·1-min read

Clive Palmer's nephew Clive Mensink has lost two appeals in the Federal Court over contempt of court proceedings in relation to Queensland Nickel.

Mensink left Australia in June 2016, months after the collapse of the Palmer-owned Queensland Nickel.

He has not returned since.

Mensink was the sole registered director of the company when it folded with debts of $300 million, causing the loss of hundreds of jobs at its Townsville refinery.

In 2017, a judge ordered a warrant be issued for Mensink's arrest relating to his failure to attend court to be questioned over the company's demise.

Mensink took his efforts to have the arrest warrants removed to Australia's highest court, which dismissed a special leave application.

His failure to comply with a summons to be examined on dates in February and March 2017 resulted in the two contempt of court charges, three Federal Court judges said in a ruling published on Thursday.

Mensink argued he was denied procedural fairness because of an "order being made (by a judge in earlier proceedings) without giving him the opportunity to be heard".

But Justices Robert Bromwich, Michael Lee and Thomas Thawley dismissed the ground for 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 registrar taking over the contempt proceeding when special purpose liquidators no longer had an interest in it.

"When that occurred, it was plainly appropriate and in the interests of justice to make an order to ensure that the contempt proceeding could continue given the broader implications," the judges said.

Mensink was ordered to pay costs.

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