Perth mining executive Brendan Clark’s legal battle over alleged defamation linked to a boating incident on the Swan River has encountered a significant setback in the Supreme Court of Western Australia.

Clark, chief executive of rare earths company Victory Metals, initiated defamation proceedings earlier this year after being accused of causing damage to boats and jetties with large wakes from his 72-foot Sunseeker yacht, Enigma. The incident occurred in February, when footage circulated on social media purportedly showing the yacht speeding through sections of the river subject to a 5-knot speed limit, with wakes allegedly tossing vessels in their pens. The East Fremantle Yacht Club initially blamed Enigma for the damage, which was estimated to be in the hundreds of thousands of dollars.

Following the publicity, the Perth Flying Squadron Yacht Club, where Enigma was berthed, informed Clark via email that his leased pen would be removed to make way for new infrastructure, giving him 30 days to relocate the yacht. Clark responded by engaging legal counsel and filing defamation claims against the Flying Squadron Yacht Club. He sought an order compelling the club to release communications related to the allegations. High-profile lawyer Martin Bennett, known for his involvement in several prominent defamation cases, represented Clark in the proceedings.

However, Justice Craig Bydder dismissed Clark’s application, finding that the evidence presented failed to establish a plausible cause of action against the yacht club. In his ruling, the judge noted that the claims amounted only to allegations and suspicions without tangible proof.

Clark, who has close ties with senior federal and state Labor figures and counts musicians such as Gene Simmons as friends, has maintained that the accusations were unfounded and driven by “malicious” behavior within Perth’s boating community. He denied that Enigma was responsible for the damage, pointing out that it was unclear whether the yacht in the viral footage was in fact his, and questioned the accuracy of the speed allegations given the boat’s capabilities. He further noted that the Western Australia Department of Transport investigated the matter after boarding his vessel and downloading GPS data, but took no enforcement action.

Throughout the dispute, Clark declined to attend a meeting requested by the Flying Squadron committee to discuss the incident. Subsequently, the yacht was relocated to the Royal Perth Yacht Club.

Clark’s wife, Portia, publicly supported the defamation action on social media, vowing to continue the fight and suggesting serious consequences for those involved.

Speaking from Washington, D.C., where he has been engaged in efforts to secure critical mineral supply deals for the United States, Clark indicated he may reassess his legal options upon returning to Perth but stressed he has other pressing priorities.

The case highlights the challenges inherent in navigating reputational disputes within close-knit communities and the complexities of attributing liability for incidents in shared public waterways.