Billionaire businessman Clive Palmer has failed in his bid to halt criminal proceedings, including fraud and dishonesty.
The Australian Securities and Investments Commission brought charges against Palmer and his Leisure Coolum resort in February 2018 alleging fraud and dishonesty.
Palmer’s barrister Peter Dunning KC has previously denied any wrongdoing by his client.
The Supreme Court in November 2022 dismissed Palmer’s attempts to halt the Magistrates Court criminal case after he claimed the commission and prosecutors had engaged in a “abuse of process” and denied his human rights.
Palmer took the decisions to the Queensland Court of Appeal, which on Tuesday dismissed his appeals with costs.
Some charges relate to an allegation that Palmer and Leisure Coolum broke the law over a proposed buy-out of timeshare investors in the Sunshine Coast resort without making an offer within the required two-month time limit.
Palmer is also accused of improperly transferring more than $12 million through his company Mineralogy to Media Circus and Cosmo Developments, and ultimately using the funds for the Palmer United Party 2013 federal election campaign.
The Magistrates Court matters had not progressed due to Palmer and his interests making applications designed to bring the prosecutions to an end, Appeal Court Justice Jean Dalton said in published reasons on Tuesday.
Complaints raised by Palmer and Leisure Coolum were matters of defence alleged to be available to them or legal flaws in prosecution cases, and allegations regarding the motives, decisions and actions of the Commonwealth Director of Public Prosecutions and the commission.
“All these matters were factually undeveloped and factually contentious,” Justice Dalton said.
The charges against Palmer and Leisure Coolum are listed for mention in Brisbane Magistrates Court on February 16.
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