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CFI 020/2010 – Order

CFI 020/2010 – Order

March 10, 2011

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Claim No: CFI 020/2010

 

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

 

IN THE COURT OF FIRST INSTANCE

 

BETWEEN

 

RA DR ALFRED WIEDERKEHR
RA DR GEORG WIEDERKEHR
Claimants
and
 
DIWAN CAPITAL LIMITED
Defendant

 

ORDER

 

UPON hearing the counsel for the Claimants and Defendant;

 

AND UPON the Claimants undertaking by 3 March 2011 to sign, file and serve the Statements of Truth on the:

 

1. Claim Form in claim CFI 020/2010;

 

2. Particulars of Claim;

 

3. Amended Particulars of Claim; and

 

4. Application Notice 094/2010

 
IT IS ORDEREDTHAT:

 

1. The Claimants do have permission to amend the Particulars of Claim and leave to file and serve Amended Particulars of Claim in the form of the draft appended to their application CFI 094/2010, dated 29 December 2010, the costs occasioned by the amendment be the Defendant’s in any event, such costs to be assessed if not agreed;

 

2. The Defendant’s application CFI 083/2010, dated 24 November 2010, be dismissed.

 

3. By the first available date for hearing after 20 March 2011, the Liquidator must report to the Court what further steps should be taken in the action so as to provide him with sufficient information to deal with the Claimants’ claim against the Defendant and, so far as able to do so, must provide the Court with those considerations and an estimate of the costs of taking those steps;

 

4. This matter shall be listed for a directions hearing on 24 March 2011 at 10am.

 

5. The Liquidator is to give notice of this Order and of the report and estimate of costs in paragraph 3 above to all of the members of the Defendant and is further to give notice of the hearing in paragraph 4 above to all members of the Defendant (save the Claimants);

 

6. The Defendant shall pay 95% of the Claimant’s costs of application numbers 083/2010 and 094/2010 with the Defendant to file and serve written submissions on the quantum of those costs by 4pm on 10 March 2011 and the Claimant’s to file and serve written submission in reply by 4pm on 17 March 2011 with the Court summarily assessing the quantum of the costs of the said applications thereafter.

 
Issued by:
Mark Beer
Registrar
Date of Issue: 10 March 2011
At: 4.30pm

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