The Federal Court has set aside, with costs, an application brought by Mineralogy Pty Ltd (Mineralogy) against ob体育 regarding Mineralogy鈥檚 audited accounts for the year ending 30 June 2014.
Mineralogy, of which Clive Palmer is a director, asked the Court to declare its 2014 accounts to be a true and fair view of Mineralogy鈥檚 financial position and that Mineralogy had complied with its obligations under the Corporations Act regarding the preparation and lodgement of accounts.
The 2014 accounts contain a statement that Clive Palmer acted honestly in causing Mineralogy to make two payments totalling $12,167,065. Those payments are the subject of a current criminal prosecution against Mr Palmer (20-163MR), with the 2014 accounts lodged with ob体育 after the charges were laid.
In making his decision, Justice Wigney found the Court did not have jurisdiction to entertain Mineralogy鈥檚 claim or grant the relief it sought and, even if it did have jurisdiction, Mineralogy had no reasonable prospect of successfully prosecuting the proceeding.聽
His Honour also found that Mineralogy鈥檚 attempt to 鈥榗onjure up a justiciable controversy鈥� under the Corporations Act was 鈥榚ntirely contrived and artificial鈥�.
Mineralogy鈥檚 application has now been set aside. Mr Palmer's criminal charges are next in court on 17 September 2021.