A QUEENSLAND court has dismissed legal action by Clive Palmer's Waratah Coal against the state treasurer and a government-owned corporation over a decision to curtail port development in north Queensland.
The action arose after a May 2012 announcement by the state government that plans for a number of new port terminals at Abbot Point had been scaled back.
Waratah applied for a judicial review of the decision.
Its lawyers alleged the shareholding ministers of the government-owned North Queensland Bulk Ports Corporation invalidly directed the corporation to terminate processes in place for the expansion.
Queensland Treasurer and Trade Minister Tim Nicholls is a shareholding minister of the ports corporation.
In March Supreme Court Justice Peter Applegarth found no evidence of such a direction by shareholding ministers and said that Waratah's action "lacked merit and had no real prospect of success".
However, he deferred dismissing the application at that time.
Instead he ordered the shareholding ministers and the ports corporation to disclose any documents within a certain period that could contain evidence of such a direction.
In his written judgment published on Monday, Justice Applegarth said the requirements of the disclosure order had been met and there was still no evidence of any direction.
He concluded Waratah was "misconceived" in alleging a ministerial direction had taken place.
He dismissed the application and ordered Waratah pay the respondents' legal costs.
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