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AAP
AAP
National
Cheryl Goodenough

WA law gave 'licence to kill': Palmer

Clive Palmer has referred to James Bond's "licence to kill" when saying how scared he was. (AAP)

Billionaire Clive Palmer has referred to James Bond's "licence to kill" and a fear for his own safety while testifying in his defamation action against WA Premier Mark McGowan.

Mr Palmer told the Federal Court in Sydney on Wednesday he "didn't know what the limits would be" after the government passed legislation relating to his Balmoral South iron ore project.

The businessman said he was "scared" because provisions in the law protected the government from criminal prosecution.

His look at the legislation indicated "they could really do anything to me".

Referring to the fictional character James Bond and his "licence to kill", Mr Palmer told the court: "I didn't know what the limits might be."

"I was just scared because I didn't expect governments ever to produce legislation like that in Australia so it really told me that you'd better take these people seriously, they could do anything."

Asked by Justice Michael Lee whether he had a "genuine fear" for his physical safety, Mr Palmer said it was not just for himself, but his employees in WA.

Mr Palmer is suing Mr McGowan claiming some public comments had damaged the Queensland businessman's reputation.

The premier has lodged a counter-claim that the billionaire defamed him in several interviews and statements.

The comments by both men were made in mid-2020 around the time Mr Palmer and his company Mineralogy started High Court proceedings against WA to have the state's hard border declared unconstitutional.

Further background to the case relates to circumstances surrounding the WA legislation that prevented Mr Palmer and Mineralogy from suing the state for billions of dollars over the Balmoral South project.

Mr McGowan's barrister Bret Walker SC suggested Mr Palmer had a "marked and reckless willingness to say terrible things" about the premier.

But Mr Palmer said he didn't think comments he made about Mr McGowan's relationship with China were harsh.

"I think they are factual," he told the court.

"I regard them as informative."

Mr Palmer said some statements were in retaliation.

He agreed with Mr Walker's suggestion that he saw it as "slinging mud because mud had been slung" at him.

Other comments were "fair political comment" and not intended to be personally offensive, Mr Palmer told the court.

"These are political statements," he added.

"He has said worse things about me and the prime minister."

Mr Palmer said he funded stockpiles of anti-malaria drug hydroxychloroquine for the federal government on the basis it looked like a "promising treatment" for COVID-19.

One of Mr Palmer's complaints relates to Mr McGowan saying the businessman "wanted to come to Western Australia to promote hydroxychloroquine to the people of the state as some sort of cure for COVID".

The premier said he was pleased police rejected Mr Palmer's application to enter WA because he didn't think Mr Palmer promoting a "dangerous drug" was good for the state.

Mr Palmer said he was concerned the comments suggested he was "equivalent to a drug dealer".

Asked about Mr McGowan saying he was "at war" with Mr Palmer, the billionaire said he was "amazed".

"I didn't think that West Australia had the power to declare war on anyone let alone on a citizen," he added.

He said Mr McGowan's comments which included calling the businessman the "enemy of the state" left him unable to sleep at night and "very, very upset".

Proceedings have adjourned until Saturday, February 26 when Mr McGowan and WA Attorney-General John Quigley are due to testify.

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