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You can find the current article at its original source at https://www.theguardian.com/australia-news/2016/sep/16/clive-palmer-loses-bid-to-halt-interrogation-over-queensland-nickel-collapse
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| Clive Palmer says sore foot his 'top priority' as Queensland Nickel collapse unfolded Clive Palmer says sore foot his 'top priority' as Queensland Nickel collapse unfolded | |
| (2 months later) | |
| Clive Palmer has declared he was more concerned about his sore foot than the unfolding collapse of Queensland Nickel in the weeks after it went into administration and sacked more than 200 workers. | Clive Palmer has declared he was more concerned about his sore foot than the unfolding collapse of Queensland Nickel in the weeks after it went into administration and sacked more than 200 workers. |
| Palmer told the federal court on Friday he was preoccupied with his medical issue in February as administrators battled to keep QN trading. | Palmer told the federal court on Friday he was preoccupied with his medical issue in February as administrators battled to keep QN trading. |
| “My foot took top priority in my thinking,” he said. | “My foot took top priority in my thinking,” he said. |
| The remark came after Palmer was denied yet another bid to halt his federal court interrogation over the $300m collapse of his Queensland Nickel company. | The remark came after Palmer was denied yet another bid to halt his federal court interrogation over the $300m collapse of his Queensland Nickel company. |
| Palmer, before entering his fourth day of questioning by liquidators, applied to have the hearing adjourned while he presses a high court bid to have the examination ruled unconstitutional. | Palmer, before entering his fourth day of questioning by liquidators, applied to have the hearing adjourned while he presses a high court bid to have the examination ruled unconstitutional. |
| Such a finding by the high court could stop the entire record of Palmer’s time in the witness stand being used by liquidators seeking to recover hundreds of millions of dollars, including by possibly targeting cash outflows from QN coffers to other Palmer businesses and associates. | Such a finding by the high court could stop the entire record of Palmer’s time in the witness stand being used by liquidators seeking to recover hundreds of millions of dollars, including by possibly targeting cash outflows from QN coffers to other Palmer businesses and associates. |
| But federal court registrar Murray Belcher on Friday refused the application, saying there had been no order by the high court or the federal court, which has twice refused earlier attempts by Palmer to avoiding questioning. | But federal court registrar Murray Belcher on Friday refused the application, saying there had been no order by the high court or the federal court, which has twice refused earlier attempts by Palmer to avoiding questioning. |
| Palmer’s lawyer Chris Wilson said he was instructed that acting high court chief justice Susan Kiefel, who heard Palmer’s application on Thursday, had found the tycoon’s constitutional argument about being publicly quizzed by liquidators was arguable, contrary to the federal court rulings. | Palmer’s lawyer Chris Wilson said he was instructed that acting high court chief justice Susan Kiefel, who heard Palmer’s application on Thursday, had found the tycoon’s constitutional argument about being publicly quizzed by liquidators was arguable, contrary to the federal court rulings. |
| But Tom Sullivan, barrister for the commonwealth-appointed special purpose liquidator, said he was instructed there was no such finding. | But Tom Sullivan, barrister for the commonwealth-appointed special purpose liquidator, said he was instructed there was no such finding. |
| “With respect, neither my learned friend’s instructing solicitor nor Mr Palmer were present,” Sullivan said. | “With respect, neither my learned friend’s instructing solicitor nor Mr Palmer were present,” Sullivan said. |
| Sullivan said the high court matter was simply “fresh proceedings” initiating a similar constitutional argument by Palmer, which had twice been dismissed by federal judges as “unarguable”. | Sullivan said the high court matter was simply “fresh proceedings” initiating a similar constitutional argument by Palmer, which had twice been dismissed by federal judges as “unarguable”. |
| He said that Palmer’s lawyers in the high court had not pressed to stop the questioning when they had the chance to do so and had conceded that questioning on Friday would continue. | He said that Palmer’s lawyers in the high court had not pressed to stop the questioning when they had the chance to do so and had conceded that questioning on Friday would continue. |
| Wilson said Palmer was not present in the high court because he was compelled to be in the federal court at the same time. His client now wished to press for an adjournment before the full bench of the high court heard his case in November, Wilson said. | Wilson said Palmer was not present in the high court because he was compelled to be in the federal court at the same time. His client now wished to press for an adjournment before the full bench of the high court heard his case in November, Wilson said. |
| Registrar Belcher said he was “averse” to halting questioning without any material before him from the high court. | Registrar Belcher said he was “averse” to halting questioning without any material before him from the high court. |
| Palmer lambasted examiner Sullivan when asked if he knew insolvent trading was a criminal offence before the cash-strapped QN collapsed in January. | Palmer lambasted examiner Sullivan when asked if he knew insolvent trading was a criminal offence before the cash-strapped QN collapsed in January. |
| “You’re really getting desperate now,” Palmer told Sullivan before appealing to Belcher that he shouldn’t be cross-examined on that issue. | “You’re really getting desperate now,” Palmer told Sullivan before appealing to Belcher that he shouldn’t be cross-examined on that issue. |
| Belcher told Palmer – who had earlier accused Sullivan of being disinterested in “the truth” – he had his own lawyer present to raise objections and that he should answer. | Belcher told Palmer – who had earlier accused Sullivan of being disinterested in “the truth” – he had his own lawyer present to raise objections and that he should answer. |
| Palmer then said he couldn’t recall, and had “never thought of it” in late 2015, amid warnings from QN executives about a cashflow shortfall amid $13m in debts racking up since August that year. | Palmer then said he couldn’t recall, and had “never thought of it” in late 2015, amid warnings from QN executives about a cashflow shortfall amid $13m in debts racking up since August that year. |
| Under continued questioning by Sullivan, Palmer said the suggestion he was “intimately involved” in the decision to put QN in administration on 18 January was “rubbish”. | Under continued questioning by Sullivan, Palmer said the suggestion he was “intimately involved” in the decision to put QN in administration on 18 January was “rubbish”. |
| The court heard Palmer was forwarded an email by QN’s chief financial officer, Daren Wolfe on 22 December attaching a letter in which coal supplier Glencore stated grave concerns about QN’s solvency, or ability to pay due debts. | The court heard Palmer was forwarded an email by QN’s chief financial officer, Daren Wolfe on 22 December attaching a letter in which coal supplier Glencore stated grave concerns about QN’s solvency, or ability to pay due debts. |
| Palmer said Wolfe “often provided a stack of documents, which I would normally throw in the rubbish bin” while he was busy as a member of parliament in 2015. | Palmer said Wolfe “often provided a stack of documents, which I would normally throw in the rubbish bin” while he was busy as a member of parliament in 2015. |
| “I took more notice of what [Wolfe] said to me,” he said. | “I took more notice of what [Wolfe] said to me,” he said. |
| Glencore in the letter said QN’s “dismissal” of its earlier attempt to seek clarity about its financial position in light of media coverage had “heightened our concerns”. | Glencore in the letter said QN’s “dismissal” of its earlier attempt to seek clarity about its financial position in light of media coverage had “heightened our concerns”. |
| The coal company asked QN for more evidence of its solvency and ability to pay for its deliveries, threatening to suspend them in the future. | The coal company asked QN for more evidence of its solvency and ability to pay for its deliveries, threatening to suspend them in the future. |
| Sullivan asked whether it was not “patently obvious” Glencore was expressing concerns about insolvency. | Sullivan asked whether it was not “patently obvious” Glencore was expressing concerns about insolvency. |
| Palmer replied that he thought Glencore’s letter was more about a $4.5m legal dispute it had with QN. | Palmer replied that he thought Glencore’s letter was more about a $4.5m legal dispute it had with QN. |
| Palmer said he could not recall reading links from Wolfe about insolvency legal services and that he was on holiday in New Caledonia with his family at the time. | Palmer said he could not recall reading links from Wolfe about insolvency legal services and that he was on holiday in New Caledonia with his family at the time. |
| “I was thinking more about the happiness of my children at the time and my relationship with my wife. You may take your work with me but I don’t.” | “I was thinking more about the happiness of my children at the time and my relationship with my wife. You may take your work with me but I don’t.” |
| The court heard a 4 January email detailed a request by Palmer for a briefing from insolvency firm Hall Chadwick after representatives from the firm visited the Queensland Nickel refinery site near Townsville. | The court heard a 4 January email detailed a request by Palmer for a briefing from insolvency firm Hall Chadwick after representatives from the firm visited the Queensland Nickel refinery site near Townsville. |
| “Clive Palmer has requested you meet with him in Brisbane this Friday to report back to him preliminary findings from your visit,” the email from Wolfe to Hall Chadwick said. | “Clive Palmer has requested you meet with him in Brisbane this Friday to report back to him preliminary findings from your visit,” the email from Wolfe to Hall Chadwick said. |
| Sullivan asked Palmer if the email wasn’t “an example of you being intimately involved” in the decision to put the company into administration. | Sullivan asked Palmer if the email wasn’t “an example of you being intimately involved” in the decision to put the company into administration. |
| “Absolutely not,” Palmer replied, saying he was simply safeguarding the use by a joint-venture property owned by QN’s parent companies, as their representative on a committee directing QN management. | “Absolutely not,” Palmer replied, saying he was simply safeguarding the use by a joint-venture property owned by QN’s parent companies, as their representative on a committee directing QN management. |
| Palmer has denied allegations by the administrator that he acted as a “shadow director” – a finding that could expose him to Corporations Act civil or criminal breaches and open up the pursuit of money paid from QN to his other interests. | Palmer has denied allegations by the administrator that he acted as a “shadow director” – a finding that could expose him to Corporations Act civil or criminal breaches and open up the pursuit of money paid from QN to his other interests. |