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Josh Zimmerman: Mark McGowan versus Clive Palmer defamation trial was a massive win for WA Premier

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Josh ZimmermanThe West Australian
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McGowan V Palmer
Camera IconMcGowan V Palmer Credit: The West Australian

There is no way to spin Mark McGowan’s latest court victory over serial litigant Clive Palmer as anything other than a massive win for the Premier.

While we’re yet to find out exactly how much the defamation proceedings will cost the State, we know the Queenslander will be footing the entire bill from December 22 — which includes the trial and McGowan’s $20,000-a-day lawyer Bret Walker SC.

The pre-Christmas offer by McGowan’s solicitors to put down the cudgels and walk away was a masterstroke both legally and politically.

McGowan on Thursday used the cover of parliamentary privilege to outline his belief the defamation case was a ploy designed to “allow a pathway” for Palmer to revive his $30 billion damages claim against the State.

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If that was the case — and the argument hasn’t been fully explained — McGowan’s legal team knew there was no way the billionaire was going to settle.

His refusal then opened the door for Federal Court Justice Michael Lee to hand by far the biggest chunk of the costs to Palmer.

Yes, both men defamed each other and the whole affair was ludicrous in the extreme. But, as McGowan points out at every opportunity, it was Palmer who started the fight.

Criticising the Premier for countersuing also makes little sense after Palmer’s barbs — including that McGowan was a liar and had abused the parliamentary system — were judged the worse of the pair.

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