Clive Palmer's nephew, Clive Mensink, was found guilty of contempt of court for failing to appear before liquidators seeking to question him about the collapse of a Queensland nickel refinery, AAP reported. Justice Rangiah delivered the finding and called for submissions from the parties on what penalty, if any, should be imposed on Mensink.
Mensink faced two charges brought by the Registrar of the Federal Court of Australia after departing Australia in June 2016. Liquidators had been granted a summons requiring Mensink to appear in court and answer questions about the company's collapse.
In 2017, a judge ordered an arrest warrant be issued for Mensink because he did not attend court to be questioned about the company's failure. Two appeals by Mensink failed in 2022.
The Federal Court conducted hearings over two days in June this year with Mensink absent, trying him in absentia. Justice Rangiah determined that service of the summons on Mensink was proper, having been directed to multiple physical and email addresses. Justice Rangiah found Mensink's account of his state of mind was consistent with a deliberate decision not to return for examination.
Mensink, through earlier proceedings, maintained he was too unwell to return to Australia, citing stress and depression, concerns about unfair court treatment and financial hardship as reasons for his non-appearance. In a 2022 affidavit, Mensink said he fell physically ill from stress and depression while travelling to the airport, adding that death felt preferable to the shame his return would bring.
The excuses Mensink put forward for not returning were rejected by Justice Rangiah as ones no reasonable person would accept. Justice Rangiah noted Mensink's current location is uncertain but that he may presently be living in Bulgaria.
Sam Iskander, Palmer's former solicitor now subject to a police arrest warrant, had acted for Mensink in the Federal Court proceedings. Mensink argued at this year's hearing that his former counsel Iskander's evidence was not reliable. A Mineralogy spokesperson told AAP that Palmer was reviewing Justice Rangiah's judgment.
Townsville's Queensland Nickel refinery went under in 2016 during a fall in nickel prices, with roughly 800 workers losing their jobs and debts reaching at least $226 million. Some of the dismissed workers' entitlements were covered by the federal government's fair entitlements guarantee. Mensink previously led Palmer's Gold Coast United A-League team.
Mensink now faces a penalty hearing, with the court to receive submissions from the parties on what sanction is appropriate. Workers who lost jobs when Queensland Nickel collapsed received some entitlement payments through the federal government's fair entitlements guarantee, but the overall debt from the collapse stands at a minimum of $226 million.
Reporting: AAP, The New Daily
Written by Pick & Scroll News from the reporting and documents linked above.
