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CFI 018/2010 – Order

CFI 018/2010 – Order

March 22, 2011

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Claim No: CFI 018/2010

 

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

 

IN THE COURT OF FIRST INSTANCE
BETWEEN

 

DIWAN CAPITAL LIMITED
(in liquidation)
Appellant
and
 
DIWAN CAPITAL AG

Respondent

 

ORDER

 

UPON hearing Mr Kaashif Basit, Counsel for the Appellant;

 

AND UPON hearing Mr Benoit Demeulemeester, the Representative for the Respondent;

 

IT IS HEREBY ORDERED THAT:

 

1. That the Notice of Appeal dated 27 June 2010 constitutes a valid appeal of proceedings No SCT 041/2010 and the matter may accordingly proceed to a hearing.

 

2. The Appellant’s costs of preparing for and attending at the Hearing on 14 February 2011 to be paid by the Respondent and to be subject of an Immediate Assessment, pursuant to RDC 38.29(1) on the Standard basis will be dealt with on paper.

 

3. The Appellant’s wasted costs of preparing or and attending at the Hearing on 18 January 2011 to be paid by the DIFC Courts and to be the subject of an Immediate Assessment, pursuant to RDC 38.29(1) on the Standard basis will be dealt with on paper;

 

4. The Appellant to file and serve a breakdown of the costs in respect of the Hearings on 18 January 2011 and 14 February 2011 by 21 February 2011.

 

5. The Respondent to file and serve any reply to the Appellant’s breakdown of costs by 24 February 2011.

 

6. The Parties to agree and file a revised Appeal Bundle by 21 March 2011.

 

7. The Parties to file and exchange Skeleton Arguments by 11 April 2011.

 

8. The proceedings to be listed for Hearing on 18 April 2011.

 
Sir Anthony Colman
Deputy Chief Justice
Date of Issue: 22 March 2011

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