Application No: 023/2008
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
Before Chief Justice Sir Anthony Evans, on 14th August 2008
|The Dubai Financial Services Authority
UPON hearing counsel representing the Applicant and counsel representing each of the 1st and 2nd Respondents, and after reviewing the written submissions on behalf of the parties;
IT IS ORDERED as follows:
1. The Order of the Court made on 12 August 2008 in relation to privacy shall be maintained until further Order of the Court.
2. That the First and Second Respondents do, in relation to the matters specified in this Order, provide to the DFSA all reasonable assistance and access to their offices and systems located at the First Respondent’s premises located within the DIFC and provide an appropriately qualified IT professional, with full access to all relevant IT systems, who will assist the DFSA to inspect and copy the relevant information and documents.
3. For the purpose of this Order, the term “relevant information and documents” means information or documents relating to the trading in D P World shares on or about 31 March 2008.
4. That the First and Second Respondents do give, or procure the giving, of a copy of the back-up tape or tapes of the First and Second Respondents, for the period from 1 March 2008 to 30 April 2008 to the DIFC Court as soon as practicable. Such copy to be made in the presence of and to the satisfaction of the Applicant.
5. That the First and Second Respondents, on Wednesday 20 August 2008, permit the DFSA, pursuant to Article 80(1)(a) of the Regulatory Law, to enter the business premises of the First Respondent during normal business hours for the purpose of inspecting and copying relevant information or documents, for the period 1 March 2008 to 30 April 2008 stored in any form in the Exchange server, e-mail archiving system, Message Tracking Centre, and on the desk top computers and hard drives, either directly or by remote access, of the individuals mentioned in paragraph 6 below.
6. The DFSA undertakes to restrict its review of the back-up tape or tapes and sources described in paragraph 5 to records of electronic communications including e-mails, and their attachments, from, to and between:
e. (redacted); and
7. That the First and Second Respondents do, until further notice from the DFSA, preserve and not remove from its present location the information and documents sourced from electronic storage media and back up tapes that are the subject of this Order.
8. The terms of this Order replace the obligations set out under the previous Notices served by the Applicant upon the First and Second Respondents on 6 August 2008.
9. The Costs of this action to be determined by the Court.
Date of Issue: 19th August 2008
At 2:22 pm