McGowan, Palmer defamation trial wraps up

Michael Ramsey | April 8, 2022

Insults traded between Clive Palmer and Mark McGowan are unlikely to result in either man receiving a substantial defamation payout, a judge says.

Mr Palmer is suing Western Australia’s premier, claiming public comments – including labelling the mining billionaire an “enemy of the state” – had damaged his reputation.

Mr McGowan has lodged a counter claim that he was defamed in several of Mr Palmer’s interviews and statements.

As the trial concluded on Friday, Justice Michael Lee said it was possible neither side would be able to make out any defences.

He flagged each man could receive a nominal damages sum, describing them as political combatants with entrenched reputations.

“There are people who love them, people who hate them,” Justice Lee said.

“The publications themselves are, it seems to me, highly unlikely to change very settled views about these men … it’s hard to see why the law should give any substantial compensatory remedy.”

Lawyers for both parties delivered closing submissions on Friday following a re-examination of WA Attorney-General John Quigley.

The 73-year-old helped craft extraordinary legislation in 2020 preventing Mr Palmer from suing the state for up to $30 billion, and terminating arbitration between the two parties.

It related to a decision by the former Liberal state government not to assess one of Mr Palmer’s proposed mining developments.

In his previous evidence, Mr Quigley insisted that prior to the secretly crafted legislation being rushed through WA’s parliament, he had not been aware the businessman might try to register his arbitration in court.

On Friday, he admitted he had in fact been aware of that risk sometime before the bill was introduced.

“When one has a memory failure, it’s really hard,” he told the court.

“The best explanation I can give is that I was under a lot of pressure, both as a parliamentarian generally and as a minister.”

Mr Quigley said he had been anxious because Mr Palmer had launched a separate $50 million lawsuit alleging unlawful conspiracy between the attorney-general, premier and solicitor-general.

Mr Palmer’s lawyer Peter Gray SC unsuccessfully sought to have all of Mr Quigley’s testimony disallowed, arguing WA’s first law officer was seeking to reconstruct his own evidence.

Justice Lee described Mr Quigley’s performance as “not dishonest but all over the shop,” a view Mr McGowan’s barrister Bret Walker SC did not dispute.

“I have to say it borders on the outright silly,” Mr Walker said.

In his evidence last month, Mr McGowan said public comments by Mr Palmer had left him extremely angry and hurt.

He suggested the “deeply offensive” statements, including that he had lied by claiming to have acted on health advice in keeping WA’s borders closed, had contributed to death threats against his family.

Mr Palmer testified he was scared because provisions in the legislation protected the government from criminal prosecution.

Referring to the fictional character James Bond and his “licence to kill”, he told the court: “I didn’t know what the limits might be”.

Justice Lee described those comments as “a little unusual and a little difficult”.

Both parties have accused the other of exaggerating their hurt feelings.

In messages shown to the court between the premier and attorney-general, Mr Quigley labelled Mr Palmer a “big fat liar”, saying he was “looking forward to dumping on Palmer in a statesman-like way”.

Mr McGowan privately described the Queensland businessman as “the worst Australian who’s not in jail”.

Justice Lee will reserve his judgment after receiving final written submissions later in April.