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Sunland back for another bite
By · 30 Jul 2013
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30 Jul 2013
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Sunland back for another bite

Gold Coast developer Sunland was back in court again on Monday, this time in a move to introduce new evidence in a bid to claim the $14 million Australians Matt Joyce and Angus Reed have been ordered to pay by a Dubai criminal court.

It is the latest twist in the more than four-year saga in which Joyce and Reed (in absentia) were recently sentenced to 10 years in a Dubai jail. Sunland has already had three civil judgments made against it in the Victorian Supreme Court, all of which are now before the Court of Appeal.

But in an attempt to reopen the anti-suit injunction - which blocked an attempt to pursue a civil case in Dubai - Sunland has made the novel argument that permission has already been granted courtesy of the foreign criminal judgment.

David O'Callaghan, counsel for the listed developer, argued the Dubai court had already ordered the $14 million be "returned" and the Court of Appeal should not restrain his client from enforcing that "valuable right".

"The only step required to be taken is for Sunland to seek the execution of that judgment," he said.

But the respective counsel for Joyce and Reed weren't having a bar of it.Jack Rush, QC, for Reed and his company Prudentia, first took issue with the quality of the translation of the Dubai court's judgment. Sunland was also said to be seeking a "second bite at the cherry" after being frustrated by the earlier ruling.

"That's something that calls into play the court's need to protect its own processes," he said.

Peter Collinson, for Joyce, criticised the quality of the original Dubai investigation and trial, calling some of the key evidence "full of lies" and accusing Sunland of trying to influence the main appeal by bringing the Dubai decision to the attention of the court.

The court has reserved its decision.

Little later

Paul Little may have snagged the chairmanship of the Essendon Football Club, but the transport magnate has had less luck fulfilling his ambitions of getting back onto the board of Toll Holdings.

Little, who built Toll into a $3.8 billion transport powerhouse over more than two decades, was appointed to chair the Bombers on Monday, replacing David Evans.

It comes as the Bombers nervously await a report from the Australian Sports Anti-Doping Authority.

Since retiring as chief executive of Toll in late 2011, Little has made it clear he'd also like to return to the board of the transport company.

But Toll chairman Ray Horsburgh said in March many shareholders would rather see Little on the board "later rather than sooner".

North shore wars

The hedge funds that own the Nine Network, Oaktree and Apollo, are fast learning not to mess with the residents of Sydney's north shore.

The battle has reached new heights, literally, with the erection of a banner, near the TV station's Willoughby bunker.

The stoush started when Nine, run by David Gyngell , lodged plans in April with the NSW Planing department to redevelop the 2.9 hectares of prime land - which also houses a transmission tower - into posh apartments and townhouses

But that raised the ire of the Willoughby Area Action Group, Willoughby South Progress Association and Naremburn Progress Association, which all reckon the area will be crowded and left with an ugly mess.

Having already sought help from nearby resident Joe Hockey, the residents recently hung a banner from a pedestrian bridge. It reads: "CHANNEL 9. Too HIGH "Too DENSE. LISTEN to the COMMUNITY. Barry O'Farrell; and PAC."
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Frequently Asked Questions about this Article…

Sunland is back in court seeking to introduce new evidence to try to claim a US$14 million (A$14m) award that a Dubai criminal court ordered Australians Matt Joyce and Angus Reed to pay. The dispute is part of a more-than-four-year saga that includes civil judgments in the Victorian Supreme Court and an anti-suit injunction that has blocked civil proceedings in Dubai. Shareholders are watching because the litigation creates legal uncertainty and potential financial and reputational fallout for the listed developer.

According to the article, counsel for Sunland argued the Dubai criminal court had already ordered the A$14 million to be 'returned' and that the Court of Appeal should not stop Sunland enforcing that 'valuable right.' Sunland seeks permission to execute the foreign criminal judgment as part of its effort to reopen litigation it says was previously restrained by an anti-suit injunction.

An anti-suit injunction is a court order that restrains a party from pursuing legal proceedings in another jurisdiction. In Sunland’s case, an anti-suit injunction previously blocked attempts to pursue a civil case in Dubai, and Sunland is now arguing it should be allowed to enforce the Dubai criminal judgment despite that injunction.

The court has reserved its decision on Sunland’s latest bid to introduce the Dubai judgment as evidence and to lift or avoid the anti-suit injunction. That means a ruling is pending and no final outcome has been announced in the article.

Matt Joyce and Angus Reed are Australians mentioned in the article who were ordered by a Dubai criminal court to pay A$14 million and were reportedly sentenced in absentia to 10 years in a Dubai jail. Their counsel has criticised the quality of the Dubai investigation and trial, and one counsel challenged the translation and reliability of the Dubai judgment.

Paul Little, who built Toll into a large transport business valued at about A$3.8 billion, was appointed chairman of the Essendon Football Club. He has expressed a desire to return to the Toll board, but Toll chairman Ray Horsburgh said many shareholders would prefer Little to rejoin the board 'later rather than sooner.'

Nine Network lodged plans to redevelop 2.9 hectares of land at its Willoughby site into apartments and townhouses, a move that sparked strong local opposition. North shore resident groups and progress associations say the development would make the area crowded and ugly, leading to protests such as a banner displayed near Nine’s Willoughby site.

Community opposition and planning battles can lead to delays, added costs and reputational issues for media companies proposing major redevelopment. The article also notes that hedge funds that own Nine (Oaktree and Apollo) are learning not to ignore local residents, signalling that investors should monitor planning approval risks and community relations when assessing potential impacts on shareholder value.