Sunland appeal judged to be 'hopeless'
The court also dissolved an injunction against Fairfax Media that had blocked the publication of a confidential internal Sunland document. However, the publication of the materials is still blocked by a second order granted by a different judge.
It is the latest decision in a more than four-year legal battle over a controversial $63 million waterfront property deal in Dubai involving Sunland and Australians Matt Joyce and Angus Reed. Joyce and Reed (in absentia) were recently found guilty of fraud and sentenced to 10 years' jail in Dubai.
Earlier this month, the Court of Appeal rejected Sunland's attempt to reverse three judgments against it by the Supreme Court related to the developer's bid to recoup $14 million in damages.
On Thursday, Chief Justice Marilyn Warren and Justices Robert Osborn and Cameron Macaulay ordered Sunland to pay the costs of Joyce, Reed and other parties for the substantive appeal, costs appeal and a hearing to introduce "new" evidence.
"Sunland's appeal was essentially a reiteration of its case at trial," the judgment said. "In our view, it is open to the Court to find that Sunland ought to have known its appeal was hopeless."
In a separate decision, the court also dissolved an injunction granted against Fairfax Media preventing the publication of confidential Sunland documents obtained by journalist Ben Butler.
However, the publication of other materials by Fairfax Media is still blocked by a second order granted by a different judge.
Sunland has sought leave to appeal to the High Court.
Frequently Asked Questions about this Article…
The Court of Appeal found Sunland’s appeal to be “hopeless,” ordered that special costs be paid, and dissolved one injunction that had blocked publication of a confidential Sunland internal document. However, publication of other materials remains blocked by a separate court order.
Matt Joyce and Angus Reed are Australians tied to a more-than-four-year legal battle over a controversial $63 million waterfront property deal in Dubai involving Sunland. Joyce and Reed were recently found guilty of fraud in Dubai (in absentia) and sentenced to 10 years’ jail; the Court of Appeal also ordered Sunland to pay costs to them and other parties.
The dispute centres on a contentious $63 million waterfront property deal in Dubai and related litigation, including Sunland’s bid to recoup $14 million in damages and multiple Supreme Court judgments that Sunland unsuccessfully sought to reverse on appeal.
The Court of Appeal ordered Sunland to pay special costs to Joyce, Reed and other parties for the substantive appeal, the costs appeal and a hearing about purported “new” evidence, after finding Sunland’s appeal essentially reiterated its trial case and was hopeless.
The Court of Appeal dissolved an injunction that had prevented Fairfax Media publishing a confidential internal Sunland document obtained by Ben Butler. However, publication of other materials remains blocked by a separate order from a different judge.
No. Earlier this month the Court of Appeal rejected Sunland’s attempt to reverse three Supreme Court judgments connected to the developer’s effort to recoup $14 million in damages.
Yes. According to the article, Sunland has sought leave to appeal to the High Court.
Based on the article, investors should monitor ongoing court orders (including the High Court leave application), any further rulings on injunctions or publication of documents, and announcements about legal costs and judgments tied to the Dubai $63 million deal and the $14 million damages dispute.
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