Matthew Joyce is widely known as a hard working and dedicated family man with a successful career in the property industry. This web site was created and was independently maintained to provide accurate information regarding two court cases that Matt Joyce comprehensively won and emphatically cleared his name. It is an interactive medium so please feel free to forward comments for inclusion.
The site also contains weblinks to recent news articles, comments from friends and colleagues and attachments to relevant information.
Matt was detained in Dubai in January 2009 and released in October 2009 based on false and fabricated evidence which resulted in two court cases. The Australian proceeding concluded on June 8, 2012 when the Supreme Court of Victoria ruled that the case against Matthew ‘failed in all respects’. The judgment cites that evidence of bribery allegations by the prosecution’s witnesses were ‘utterly unreliable, increasingly nonsensical’ and ‘the witnesses (Abedian and Brown) cannot be taken as reliable witnesses of truth’. The court established that there was an “invention” by Abedian and Brown (Sunland) of a story, which “falsely implicated Matt Joyce in a non-existent fraud”. The court added that the case also failed because no fraudulent intent or knowledge ever existed.
The judge also ordered Sunland to withdraw their civil claim against Matthew in Dubai as it was found to be an “abuse of process and completely vexatious and oppressive”.
Elements of the claims against Matt were judged as “a complete fabrication”. Matt has therefore been cleared of any wrongdoing and the case against him has been dismissed. See a full transcript of the judgment here.
Further, on the 14th September 2012 the Supreme Court also found that Sunland proceeded with the action in order to gain advantage and to influence the Dubai Prosecutor. The court condemned "Sunland's willingness to implicate Joyce 'unjustifiably'" and ordered indemnity costs against Sunland. The judgment states “"Sunland commenced and continued the present proceeding in willful disregard of known facts and law and also for an ulterior purpose". See a full transcript of the indemnity costs judgment here.
On the 8th September 2013 the Court of Appeal emphatically upheld the earlier judgement. The Court of Appeal also ruled that aspects of the evidence David Brown gave to the Authorities in Dubai was "fundamentally misleading", that he made a "series of untrue statements", and engaged in "untruthful exaggerations and that his witness statement in Australia was "directly contrary to a number of statements he made to the procecutors in Dubai". The Court of Appeal up held that Soheil Abedian, Sunland's Chairman and David Brown, its COO are "unreliable witnesses of the truth" (legal term for liars).
The Court of Appeal also ruled that Sunland's "proceedings must be presumed to have been commenced and continued for a collateral purpose and ulterior motive", including defending its commercial reputation and protecting the position of David Brown in Dubai.
In addition, during the Appeal hearing, Sunland and it lawyer's Thompsons (of which Sunland Director Ron Eames is a partner) were exposed for making a secret deal with a material witness who is also a defendant in the Dubai matter, and trying to hide the existence of this secret deal from the courts. So serious is this matter of witness tampering by Sunland that it was tabled before Parliament on the 30th May 2013. Sunland also remain under investigation by ASIC, the Australian Securities Investments Commission. A full copy of the appeal judgment is attached here.
On 26th September 2013 the Appeal Court ordered yet further costs against Sunland on an indemnity basis, citing "..........Sunland ought to have known its appeal was hopeless"." Sunland ought to have realised that it would fail at the first hurdle"."Sunland's argument that Justice Croft should have considered evidence of a "serious allegation of a covert payment of money" was "hopeless"." Sunland failed to establish........any of the essential elements necessary to prove its claim. The reasons for this were various but fundamentally Sunland could not make good a case based upon the inconsistent and inadequate evidence of its own witnesses"."........Sunland's appeal againt the costs judgement of the trial judge had no chance of success".
Download judgment transcript - PDF 1 PDF 2
On October 16th 2013 Sunland abandoned any further rights to appeal - the Australian matter is now over. This welcome move followed two scathing rulings against Sunland, judgements which called into question the ulterior motives, intergrity and honesty of its Chairman, Soheil Abedian and COO, David Brown. A copy of Sunland's notice discontinuance is attached here.
In Dubai the Court of First Instance subpoenaed Soheil Abedian and David Brown three times in order for them to recant the lies and fabrication's they intentionally made to the Dubai Authorities. On each occassion they ignored the subpoena's and failed to appear.
The Dubai trial took 5 years. The Court of First Instances referred the case back to the prosecutor stating that "the facts didn't match the evidence" and with no adverse findings. The prosecutor then re-filed the same charges in a different court. Then on the 10th November 2013, three judges, including Dubai's Chief Justice aquitted Matt Joyce of all charges with similar findings to the Victorian Supreme Court." The judgement states the case " lacked any genuine evidence" and that the court did "not accept as credible the testimony of David Brown" and that the " prosecution built its case on the sole evidence of David Brown, which the court was unable to accept because it contained contradictions, and is contrary to the facts and investigations." The Dubai Court was emphatic in ruling that Joyce's employer had also not been defrauded and that it sufferred no damage or loss and that Joyce did NOT personally benefit or profit from the transaction. The Dubai matter is now also over. Both the Arabic and English translation of the judgement is attached here.
On 20th September 2012 is was revealed before the Australian Parliament that Soheil Abedian was part of an Australian corruption investigation when he was called before the Queensland Crime and Corruption Commission in 2006 for the accusation of bribing public officials. Refer attached report.
Matt has now returned to Australia and is reunited with his family.
At the time friends and colleagues of Matt's launched an e-petition to support an appeal to the Australian government to actively pursue the immediate release of Matt with utmost vigour. A copy of that e-petition can be found at http://www.bringmatthome.com/.
Audio
ABC Radio National Background Briefing, by Wendy Carlisle on 774 ABC Radio - October 13, 2013
Listen now:
ABC Radio National - February 28, 2013
Government not helping families stuck in Dubai
Listen now:
ABC Radio National Breakfast - February 27, 2013
AUSTRALIANS UNDER HOUSE ARREST IN DUBAI
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ABC Radio National PM - July 23, 2012
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Jack Rush QC, interviewed by Jon Faine on 774 ABC Radio - June 12, 2012
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related links
- Dubai slams Sunland in corruption case (afr.com) - 23 November 2013
- Revealed: Tony Abbot's secret mission for Dubai duo (theaustralian.com.au) - 13 November 2013
- Dubai property duo: Curtain about to come down on a nightmare that would enthrall Hollywood (theage.com.au) - 12 November 2013
- Dubai duo awaits appeal as ASIC looks at Sunland (afr.com) - 12 November 2013
- Australian execs win Dubai cout case fraud appeal (arabianbusiness.com) - 10 November 2013
- Ex Nakheel employee says torment over after Dh44M frauf aquittal upheld (thenational.ae) - 13 November 2013
- Executives cleared in Nakheel Dh44m graft case (gulfnews.com) - 13 November 2013
- Australian man Matthew Joyce convicted in Dubai over property deal calls on Sunland to undo monstrous injustice (abc.net.au) - 17 October 2013
- Sunland drops High Court appeal (goldcoast.com.au) - 17 October 2013
- An Australian nightmare in Dubai (abc.net.au) - 13 October 2013
- Sunland Group profits halved after failed legal bid against Dubai duo Mathew Joyce and Angus Reed (au.news.yahoo.com) - 14 October 2013
- Wife of Matthew Joyce tells of Dubai torment (themercury.com.au) - 6 October 2013
- New federal government urged to lobby Dubai on Joyce case (abc.net.au) - 6 September 2013
- Witness-tamper claims in Dubai case (theage.com.au) - 30 May 2013
- Julia Gillard urged to appeal Mathew Joyce's prison sentence in Dubai (heraldsun.com.au) - 23 May 2013
- Sunland threatens to sue Fairfax reporter (smh.com.au) - 7 May 2013
- Developer put pressure on lawyer (theage.com.au) - 6 May 2013
- Sunland wins latest round to keep its witness deal secret (theage.com.au) - 16 April 2013
- In the interests of justice, Carr should pack his bags for Dubai (smh.com.au) - 30 March 2013
- Concerns grow for Australians held in Dubai (abc.net.au) - 19 March 2013 (Video and transcript)
- Sunland Denies Dubai Summons (afr.com) - 14 March 2013
- Too wide a Gulf for Carr (Canberra Times) - 11 March 2013
- Representations made on behalf of Matt Joyce and Marcus Lee, detained in Dubai (Australian Observer) - 8 February 2013
- Multi billion dollar trade relationship could be curbed... (theaustralian.com.au) - 27 February, 2013
- Prince Charles moves to help Australian held in Dubai (The Times) - 27 February, 2013
- Sunland execs ignore summons (afr.com) - 26 February, 2013
- Prince Charles's old-school push to free Aussies in Dubai (theaustralian.com.au) - 26 February, 2013
- PM intervenes in Dubai case (afr.com) - 7 February, 2013
- Dubai to re-examine Aussie detentions (The Age) - 7 February, 2013
- Gillard steps in to end four year hell of Aussies trapped in Dubai (theaustralian.com.au) - 6 February, 2013
- Independents Pressure PM on Dubai Pair (afr.com) - 29 January, 2013
- Labor pressed on Dubai pair PDF (The Australian) - 21 Nov, 2012
- Labor pressed on Dubai pair (theaustralian.com.au) - 21 Nov, 2012
- Just Let Us Go Home PDF (The Australian) - 17 Nov, 2012
- Just Let Us Go Home (theaustralian.com.au) - Nov 17, 2012
- Hansard - Senator Kroger - Dubai
- AFR Kroger backs detained Dubai duo
- Kroger warns of danger from Qantas deal | The Australian
- Court slaps Sunland with costs (theaustralian.com.au) - Sep 15, 2012
- Sunland faces $7M costs (couriermail.com.au) - Sep 15, 2012
- Sunland faces up to $10M legal bill (afr.com) - Sep14, 2012
- Sunland could trake hit after losing court case (afr.com) - Aug 7, 2012
- Malcolm Fraser appeals for Dubai duo (afr.com) - July 24, 2012
- Fresh charges against pair held in Dubai (theage.com.au) - July 24, 2012
- Execs face more jail in Sunland bribery case (theaustralian.com.au) - July 24, 2012
- Hopes raised for Australians held in Dubai (smh.com.au) - July 17, 2012
- Hopes raised for Australians held in Dubai (theage.com.au) - July 17, 2012
- Gillard urged to plead for Aussie (The West Australian) - June 15, 2012
- Carr makes freedom call to UAE counterpart as Aussies face judgment (theaustralian.com.au) - June 15, 2012
- Sunland to face ASIC over Dubai criminal probe role: (theaustralian.com.au) - June 12, 2012
- Dubai cloud darkens Sunland: (theage.com.au) - June 12, 2012
- Dubai lawsuit concocted: QC (theage.com.au) - January 28, 2012
- Sunland ordered to drop case (theage.com.au) - January 26, 2012
- Imprisoned in Dubai (Australian Financial Review) - December 22, 2011
- Main witness lied in Dh44m fraud case (thenational.ae) - December 19, 2011
- Plea to Rudd: Help free Australians (brisbanetimes.com.au) - December 11, 2011
- Witness admits pair held on false claims (smh.com.au) - December 4, 2011
- Dubai Case: Emails the key (theage.com.au) - 11 March, 2010
- www.mattjoyce.com.au
feature contributions
Brendan Crotty
Former Managing Director of Australand
Peter Dransfield
Company Director and Property Consultant
Former Multiplex non Executive Director
Karl Fender
Director of Fender Katsalidis Mirams Architects
Former President of the Australian Institute of Architects, Victorian Chapter, National President Elect
Sean O'Toole
Managing Director and Chief Executive of Landcom
Robert (Bas) Seymour and Jonathan (Jo) Breadmore
Former Grazier and Former Chairman of Geelong Grammar School Council
Cullen Gunn
Landscape Architect
Wendy Jamieson
Shaun Wildey
Yu Hon Nam
Dale Alcock
Matthew Vincent
Ross Biancato
Former General Manager Australand
David Jamieson
