Ex- QN boss in foreign sphere
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FUGITIVE former Queensland Nickel boss Clive Mensink has been overseas for so long he may now be considered a foreign resident, making it harder for liquidators to get money out of him.
A Federal Court judge made the observation while ordering Mr Mensink ( right) to fork out $ 70,000 to be held as security for court costs if he lost an appeal over two warrants for his arrests.
Mr Mensink appealed the arrest warrants soon after they were issued in March for failing to appear at a public examination into the collapse of QN last year with $ 300 million in debts and more than 800 job losses.
Justice Michael Wigney yesterday ordered Mr Mensink pay $ 70,000 to the court, or provide an unconditional guarantee from an Australian- owned bank, as his attitude and unwillingness to reveal his location showed he could not be relied on to comply with cost orders.
He also said Mr Mensink’s residency status was relevant when considering the trouble the taxpayer- funded liquidators would have to go to reclaim any costs.
“In the particular and somewhat peculiar circum- stances of this case, Mr Mensink could now effectively be considered a foreign resident, at least for the purposes of this security for costs application,” he said.
Bizarrely, Mr Mensink’s lawyer and his uncle Clive Palmer claim they have not heard from the businessman for months, despite forging ahead with lodging an appeal on his behalf.
He has been overseas since June last year and had mooted a return in July this year.
But, according to Justice Wigney’s judgment, QN’s liquidators still do not know where he is.
Australian Federal Police yesterday confirmed its officers were working with the Federal Court to find Mr Mensink, who is also the subject of an Interpol alert.
On the same day, Mr Palmer’s personal assistant Sarah Mole was scheduled for public examination in the Federal Court, but it was adjourned at the last minute after the liquidators were provided with a folder of emails on behalf of Ms Mole.
She has previously given evidence about correspondence she received from Mr Mensink to arrange cruises.