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CFI 007/2011 – Order of Chief Justice Michael Hwang

CFI 007/2011 – Order of Chief Justice Michael Hwang

June 10, 2013

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Claim No. CFI 007/2011

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

Between

RICHARD WHEATLEY Claimant / Respondent
and

SIMMONS & COMPANY INTERNATIONAL LIMITED

Defendant/Applicant

ORDER OF CHIEF JUSTICE MICHAEL HWANG

UPON REVIEWING the Court of First Instance (“CFI“) Judgment of H.E Justice Ali Al Madhani dated 15 April 2013 (“Judgment of 15 April 2013“); and

UPON CONSIDERING the Defendant’s Application, dated 29 April 2013, for Permission to Appeal the Judgment of 15 April 2013

IT IS HEREBY ORDERED THAT:

1. The Defendant’s request for permission to appeal H.E Justice Ali Al Madhani’s determination of the Claimant’s “minimum bonus”, outlined in the Judgment of 15 April 2013, is granted.
2. The Defendant’s request for permission to appeal H.E Justice Ali Al Madhani’s determination in “denying the counterclaim”, outlined in the Judgment of 15 April 2013, is granted.
3. The Defendant’s request for Costs to be determined by the Court of Appeal is rejected. All outstanding Costs shall be considered by the CFI.
4. The Defendant shall pay to the DIFC Courts the Judgment sum and interest awarded in the Judgment of 15 April 2013, being a total of US$ 223,864.20, to be held in an interest bearing account pending outcome of the Appeal. Such payment to be made not later than 12pm on 24 June 2013. If payment of the sum ordered above is not received by 12pm on 24 June 2013:

a) The Defendant shall pay simple daily post judgment interest on US$ 223,864.20, at a rate of EIBOR +1% (3 month spread, as at 24 June 2013), up to and until the date of payment.
b) The Appeal shall be stayed.
5. The Judgment of 15 April 2013 shall be stayed upon receipt of the amount ordered in paragraph 4 above.
6. Costs of the Application be costs in the appeal.

Issued by
Mark Beer
Registrar
Issued on: 10 June 2013
At: 4 pm

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