balmoral mining – Michmutters
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Australia

Clive Palmer rejected Mark McGowan’s offer to end defamation case early, court told

WA Premier Mark McGowan tried to put an end to defamation proceedings with Queensland businessman Clive Palmer in December last year, but Mr Palmer rejected his offer, the Federal Court has heard.

Shortly before Christmas, Mr McGowan made an offer for both sides to drop their proceedings and walk away, with each to bear their own costs, thereby avoiding further expense.

But the offer was rejected by Mr Palmer and the case proceeded, with the court finding both sides defamed each other in a scathing judgment handed down last week.

Lawyers for both sides appeared in the Federal Court this morning to argue over costs, with Justice Michael Lee due to deliver his decision later today.

Mr McGowan was last week ordered to pay damages of $5,000 to Mr Palmer, while Mr Palmer was instructed to pay Mr McGowan $20,000.

Daily lawyer costs highlighted

During this morning’s arguments, Justice Lee remarked that even the daily cost of Mr McGowan’s barrister, Bret Walker SC, was higher than the damages awarded.

“It’s an interesting state of your career you reach when your daily fee exceeds the award of damages,” he said.

two men looking
WA’s hard border sparked the bitter feud between Mr Palmer and Mr McGowan.(Facebook: Clive Palmer, Mark McGowan)

Mr Walker’s response was met with laughter in the courtroom.

“I’d hate for your honor to think this is the first time that’s happened,” he said.

Mr McGowan’s case has been funded by WA taxpayers, but the Premier has been at pains to point out that Mr Palmer initiated the defamation action.

Justice Lee said the rejected offer for both sides to walk away would be important in his decision.

Waste of court resources

The defamation action was centered on their war of words over WA’s closed border and a mining project of Mr Palmer’s.

Justice Lee was damning in his criticism of both men for wasting the court’s limited resources, telling the men: “The game has not been worth the candle.”

Both chose to be part of the “hurly burly” of political life and should have expected the barbs that came along with it, he said.

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Mark McGowan and Clive Palmer were slammed last week over the “wasteful” defamation trial.

The mining magnate was unhappy with the Premier’s decision to close WA’s border in April 2020, which he felt was disruptive to his business interests, and sought to have the closure overturned in court.

Over the course of a series of press conferences in 2020, during the early days of the pandemic, Mr McGowan called Mr Palmer an “enemy of the state” for his actions.

The mining magnate told the court this caused him to be brought into “hatred, ridiculous and contempt”, but Justice Lee found the damage to his reputation to be non-existent.

A serial litigant, Mr Palmer was observed in the witness box by the judge to have “carried himself with the unmistakable aura of a man assured as to the correctness of his own opinions”.

‘Outlaw swinging his gun’

The other part of the defamation claim related to a state agreement held by Mr Palmer’s company Mineralogy for the Balmoral South iron ore project.

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Categories
Australia

Clive Palmer and Mark McGowan hard border defamation case ends with both awarded damages

Mining tycoon Clive Palmer and WA Premier Mark McGowan defamed each other, the Federal Court has found, in a war of words over WA’s hard border and a damage claim for a failed mining project worth up to $30 billion.

Mr Palmer was awarded $5,000 while Mr McGowan won a counter-claim of $20,000, in a judgment handed down by Justice Michael Lee today.

Mr Palmer launched legal action against Mr McGowan after a series of comments made at press conferences in 2020, during the early days of the coronavirus pandemic.

The Queensland mining magnate told the Federal Court he was brought into “hatred, ridiculous and contempt” after Mr McGowan called him an “enemy of the state” over his challenge that sought to overturn WA’s hard border policy.

Mr McGowan counter-sued Mr Palmer over comments centered on legislation that prevented the Queensland businessman from claiming up to $30 billion in damages over a mining development by his firm Mineralogy.

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