Clive Palmer, Mark McGowan ordered to pay damages

A judge said lawyers for Mark McGowan offered to resolve defamation proceedings last year. Photo: AAP
Western Australian Premier Mark McGowan has been ordered to pay $5000 to mining magnate Clive Palmer but also won his own damages claim after a court ruled the pair defamed each other.
A Federal Court judge found on Tuesday that neither man had made out valid defences for defamatory public statements in 2020.
Justice Michael Lee ordered Mr Palmer to pay $20,000 in damages to WAâs Labor premier, with costs to be determined at a hearing next week.
He noted there was a âglaring disproportionâ between the damages awarded and the considerable cost of the legal proceedings to both Mr Palmer and WA taxpayers, who will pay for the Premierâs involvement.
âThe game has not been worth the candle,â Justice Lee said.
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Mr Palmer sued Mr McGowan in 2020, claiming public comments the Premier had made about him â including labelling him an âenemy of the stateâ â had damaged his reputation.
The Queensland businessman sought aggravated damages, which would have allowed for a payout above the $432,500 cap.
He accused Mr McGowan of being consumed by malice and seeking to âblacken his name at every opportunityâ.
But Justice Lee found while the insults against Mr Palmer could not be considered trivial, they ultimately caused little damage to the billionaire magnateâs reputation.
Mr McGowan, who countersued for defamation, had made his own appeal for aggravated damages.
Justice Lee said Mr McGowan had had a âbully pulpitâ as highly popular premier and Mr Palmerâs attacks on him, including claims he had acted corruptly, had probably only enhanced his reputation.
He described Mr McGowan as generally an impressive witness but noted he had evaded answers to questions.
The judge was more critical of Mr Palmerâs testimony, saying it appeared the billionaire had been willing to âfashion his evidenceâ to best suit his case.
It emerged in 2020 that Mr Palmer was seeking up to $30 billion in damages over a 2012 decision by the former Liberal state government not to assess his proposed Balmoral South iron ore project.
The McGowan government subsequently rushed through extraordinary legislation to prevent Mr Palmer from suing the state.
In his evidence, Mr Palmer said he was scared because provisions in the legislation protected the government from criminal prosecution.
Referring to the fictional character James Bond and his âlicence to killâ, Mr Palmer told the court: âI didnât know what the limits might be.â
Justice Lee described this claim as being so outlandish that it undermined Mr Palmerâs entire testimony.
The judge was also critical of WA attorney-general John Quigley, who was forced to give evidence a second time after admitting he made errors in his initial testimony.
Justice Lee described Mr Quigleyâs evidence as âconfused and confusingâ but stopped short of calling him a dishonest witness.
In private text messages made public during the trial, Mr McGowan described Mr Palmer as âthe worst Australian whoâs not in jailâ.
Mr Quigley privately labelled Mr Palmer a âbig fat liarâ.
The parties will return to court on August 11 to deal with costs arising from the proceedings.
â AAP
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