This article is from the Australian Property Journal archive
SUNLAND’s victory in the Supreme Court of Queensland against Marcus Lee may well turn out to be short-lived.
The Court yesterday found in favour of Sunland, which was successful in its application to strike out significant aspects of the Lee’s $10 million damages claim against the company and a number of executives.
The Court also awarded Sunland the costs for the strike out application hearing on November.
However, Justice Bond has left the door open for Lee to re-plead his case.
Although Justice Bond did strike out a number of Lee’s claims, the Judge is allowing Lee to re-plead the case because Justice Bond believes there is a case which can be determined at a trial.
Justice Bond said,
“Although I have struck out the plaintiff’s pleaded case on malicious prosecution, I have concluded that he should have leave to re-plead that case because it seems to me to be likely that there is an arguable case which can be properly pleaded against at least one of the defendants. Loss of reputation damages is recoverable on that cause of action. In those circumstances it does not seem to me that there is anything to be gained in seeking to resolve the conflict between Ballard and the Airline Pilots case on a strike out application. I decline to do so. The determination of that arguable question of law can be made at a trial,”
In response, Sunland’s managing director Sahba Abedian, “The plaintiff has leave to attempt to re-plead his case and the group is currently analysing the 41 page reasons of the Court received today to consider it in full,”
Lee took legal action Sunland last year, seeking $10 million in damages.
In his case, Lee said the pecuniary losses he suffered as a result of what happened to him in Dubai were:
– Legal fees of $750,000;
– He had to sell personal assets at an under value (and to incur associated costs) in order to obtain cash to meet those legal fees and other expenses, which loss was not less than $268,000.
– He has suffered past loss of earnings of not less than $3.4 million because he lost his well-paid job in Dubai and was unable to work for the period from his first imprisonment on 26 January 2009 to 20 January 2014 when he returned to Australia;
– The combination of being out of work for so long and the damage to his reputation caused and has meant that he has been unable to obtain employment since his return.
– He has suffered a loss of future earning capacity of not less than $6.2 million.
Australian Property Journal
