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Clive Palmer v Mark McGowan defamation trial leaves John Quigley to pay the price for text messages

Peter LawThe West Australian
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Credibility damaged: John Quigley.
Camera IconCredibility damaged: John Quigley. Credit: Ross Swanborough/The West Australian

Justice Michael Lee’s judgement is perhaps the final chapter in one of the most extraordinary periods in WA politics.

Mark McGowan’s verbal and legal stoushes with Clive Palmer in mid-2020 over the hard border and a mind-boggling damages claim provided an endless stream of headlines.

The Premier won those fights in the High Court and while he may now describe it as a stressful time in his life, there’s no doubt he benefitted politically from Palmer’s serial litigation.

WA Premier Mark McGowan speaks to the media as he arrives at the Federal Court of Australia in Sydney, Wednesday, March 9, 2022. Businessman Clive Palmer is suing West Australian Premier Mark McGowan claiming public comments, including labelling him the "enemy of West Australia", made in July 2020 had damaged the Queensland businessman's reputation.
Camera IconMark McGowan. Credit: Robert Valenti/Robert Valenti

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The same cannot be said of the pair’s defamation battle, which embarrassed McGowan, left taxpayers potentially on the hook for a big legal bill and permanently damaged the credibility of Attorney General John Quigley.

Which might be exactly what Palmer wanted when he lodged a writ two years ago that claimed his feelings had been injured by the Premier’s words.

Both men yesterday walk away as losers when they were each awarded peanuts for damages.

Of more significance, Palmer’s legal team used the case to unearth text messages between McGowan and Quigley that showed how even those in high office are guilty of crude banter in private.

CANBERRA, AUSTRALIA - APRIL 07: Clive Palmer, Chairman of The United Australia Party, delivers the National Press Club address at the National Press Club on April 07, 2022 in Canberra, Australia. Palmer used his National Press Club address to speak about the Australian Economic Debt, where it is heading and what the United Australian Party's finance policy will be. (Photo by Rohan Thomson/Getty Images)
Camera IconClive Palmer. Credit: Rohan Thomson/Getty Images

“Hey are you glad me single again … not making love in sweet hours before dawn instead worrying how to defeat Clive!” a text from the Quigley to McGowan read in court again on Tuesday said.

Quigley has been around long enough to shake-off a laugh at his expense, but Justice Lee’s description of the first law officer’s flip-flopping evidence in court would have hurt.

“I do not consider it is safe to place any reliance upon Mr Quigley’s evidence,’ the judge said.

Expect that quote to be weaponised by the State Opposition as long as Quigley remains A-G, which according to McGowan will be all the way up to the 2025 election.

It could have been worse — there was no suggestion Quigley had been dishonest — but the Premier will eventually get tired of making excuses for his Cabinet.

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